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 .
Summary
This is the initial Office action based on application 18643792 filed 4/23/24.
Claims 1-21 are pending and have been fully considered.
Information Disclosure Statement
IDS filed on 11/18/24, 9/25/24 and 5/28/24 have been considered by the examiner and copies of the Form PTO/SB/08 are attached to the office action.
Drawings
The Drawings filed on 4/23/24 are acknowledged and accepted by the examiner.
Specification
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
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 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 of this title, 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.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over BAULDREAY ET AL. (US PG PUB 20140187828) and as evidence by KARVO ET AL. (US PG PUB 20200048569), WOODS ET AL. (US PG PUB 20130036660) and MEDOFF (US PG PUB 20210009911) in their entirety. Hereby referred to as BAULDREAY, KARVO, WOODS and MEDOFF.
Regarding claims 1-21:
BAULDREAY teaches in para [0002] liquid fuel compositions comprising a component derived from a water-soluble oxygenated hydrocarbon. [0003] Significant amount of attention has been placed on developing new technologies for providing energy from resources other than fossil fuels. Biomass is a resource that shows promise as a fossil fuel alternative. As opposed to fossil fuel, biomass is also renewable.
BAULDREAY teaches in para [0007] Ethanol, for example, is made by converting the carbohydrate from biomass into sugar, which is then converted into ethanol in a fermentation process. Ethanol is the most widely used biofuel today. [0075] Oxygenates from biomass may be produced by any known method. Such methods include fermentation technologies using enzymes or microorganisms, Fischer-Tropsch reactions to produce C2-10 alpha alcohols, and pyrolysis technologies to produce alcohols from oil, among others. [0053] The liquid fuel compositions of the present invention comprise a component compound derived from a water-soluble oxygenated hydrocarbon. Preferably, the water-soluble oxygenated hydrocarbon is derived from biomass. Para [0054] Typically, the process of preparing the component compound derived from a water-soluble oxygenated hydrocarbon produces hydrocarbons, ketones and alcohols from biomass-derived oxygenated hydrocarbons, such as sugars, sugar alcohols, cellulosic, lignocelluloses, hemicelluloses, saccharides and the like.
BAULDREAY teaches in paras [0056] - [0058] Lighter fractions, may be separated for gasoline use. Moderate fractions may be separated for kerosene, for example for use in jet fuel, while heavier fractions, i.e., may be separated for diesel fuel use. The heaviest fractions may be used as lubricants or cracked to produce additional gasoline and/or diesel fractions. The C4+ compounds derived from water-soluble oxygenated hydrocarbons may also find use as industrial chemicals, such as xylene, whether as an intermediate or an end product. The general process of preparing the component derived from a water-soluble oxygenated hydrocarbon is illustrated in FIG. 1.
BAULDREAY teaches in para [0074] The oxygenates may originate from any source, but are preferably derived from biomass. As used herein, the term " biomass" refers to, without limitation, organic materials produced by plants (such as leaves, roots, seeds and stalks), and microbial and animal metabolic wastes. Common sources of biomass include: (1) agricultural wastes, such as corn stalks, straw, seed hulls, sugarcane leavings, bagasse, nutshells, and manure from cattle, poultry, and hogs; (2) wood materials, such as wood or bark, sawdust, timber slash, and mill scrap; (3) municipal waste, such as waste paper and yard clippings; and (4) energy crops, such as poplars, willows, switch grass, alfalfa, prairie bluestream, corn, soybean, and the like. The term also refers to the primary building blocks of the above, namely, saccharides, lignin, cellulosic, hemicellulose and starches, among others. and [0008] Biodiesel is another potential energy source. Biodiesel can be made from vegetable oil, animal fats, waste vegetable oils, microalgae oils or recycled restaurant greases.
BAULDREAY teaches the process of preparing a liquid fuel composition. [0281] The liquid fuel composition of the present invention is produced by admixing: (a) a component derivable from a water-soluble oxygenated hydrocarbon, with (b) at least one fuel component. [0282] By the term "fuel component" it is meant a component used in the preparation of a liquid fuel composition, or a liquid fuel composition per se, which is not a component derived from a water-soluble oxygenated hydrocarbon. Examples of "fuel components" include fuel components that are currently used in the preparation of gasoline, kerosene and/or diesel fuel, such as petroleum derived product streams, Fischer-Tropsch derived product streams, oxygenates and biofuel components. Paras [0283] - [0298] Typically, the petroleum derived product streams are product streams produced at an oil refinery, also referred to herein as refinery streams. Non-limiting examples of such refinery streams include: [0285] Straight Run Tops (SR Tops) or Naphtha (light boiling fraction) [0289] Light or heavy catalytic cracked gasoline (LCCG or HCCG) (fraction produced by the treatment of heavier streams in a fluidized catalytic cracker to produce lighter hydrocarbons, including olefins) [0290] Straight run kerosene (fraction containing high levels of paraffinic hydrocarbons. [0299] The oxygenates and biofuel components are any such component which is suitable for use in a liquid fuel composition, such as those described hereinbefore.
BAULDREAY teaches process of preparing a gasoline composition in paras [0300]-[0305] in order to prepare a gasoline composition of the present invention, a component derivable from a water-soluble oxygenated hydrocarbon, as described above, in particular the lighter fraction of a component derived from a water-soluble oxygenated hydrocarbon, is combined with at least one fuel component. [0306] By the term " gasoline composition" when used in reference to a fuel component, it is meant a composition as defined in the gasoline composition section above. [0307] Typically, a gasoline composition of the present invention is prepared by admixing: [0308] (a) the lighter fraction of a component derived from a water-soluble oxygenated hydrocarbon as described above, with [0309] (b) at least one fuel component selected from a refinery stream.
BAULDREAY teaches process of preparing a diesel fuel composition. [0330] In order to prepare a diesel fuel composition of the present invention, a component derivable from a water-soluble oxygenated hydrocarbon, as described above, in particular the heavier fraction of a component derived from a water-soluble oxygenated hydrocarbon, is combined with at least one fuel component. [0335] By the term " diesel fuel composition" when used in reference to a fuel component, it is meant a composition as defined in the diesel fuel composition section above. [0336] Typically, a diesel fuel composition of the present invention is prepared by admixing: [0337] (a) the heavier fraction of a component derived from a water-soluble oxygenated hydrocarbon as described above, with [0338] (b) at least one fuel component selected from a refinery stream. [0342] The present invention further provides a method of operating an internal combustion engine, jet engine, or a boiler, which method involves introducing into a combustion chamber of the engine or boiler, a liquid fuel composition according to the present invention.
BAULDREAY teaches in para [0019]-[0026] the application provides a kerosene composition comprising: [0020] a moderate fraction of a carbohydrate derived component having at least one C4+ compound having a mean percentage of 99% or more biobased material, as determined by C14 testing, the moderate fraction having a final boiling point in the range of from 200 to 320 C.; [0021] the moderate fraction comprising: [0022] a first quantity of one or more branched carbohydrate derived C4+ alkanes; [0023] a second quantity of one or more straight chain carbohydrate derived C4+ alkanes; [0024] a concentration of one or more substituted carbohydrate derived C5+ cycloalkanes comprising substituents selected from the group consisting of branched C3-4 alkyls and straight chain C1-4 alkyls, at least some of the substituted carbohydrate derived C5+ cycloalkanes comprising fused cycloalkanes; [0025] the kerosene composition having a final boiling point in the range of from 200 to 320 C. and a viscosity at -20 C. in the range of from 0.8 to 10 cSt (ASTM D445).
BAULDREAY teaches in para [0241] A kerosene product may be obtained directly from this reaction, or indirectly for instance by fractionation of a Fischer-Tropsch synthesis product or from a hydrotreated Fischer-Tropsch synthesis product. Hydrotreatment can involve hydrocracking to adjust the boiling range (see, e.g. GB-B-2077289 and EP-A-0147873) and/or hydroisomerisation which can improve base fuel cold flow properties by increasing the proportion of branched paraffins. EP-A-0583836 describes a two-step hydrotreatment process in which a Fischer-Tropsch synthesis product is firstly subjected to hydroconversion under conditions such that it undergoes substantially no isomerisation or hydrocracking (this hydrogenates the olefinic and oxygen-containing components), and then at least part of the resultant product is hydroconverted under conditions such that hydrocracking and isomerisation occur to yield a substantially paraffinic hydrocarbon fuel. The desired kerosene fraction(s) may subsequently be isolated for instance by distillation.
BAULDREAY teaches in para [0066] that the resulting oxygenated hydrocarbon, namely the sorbitol or glycerol, propylene glycol, ethylene glycol, xylitol, etc., are further defunctionalized through deoxygenation reactions to form oxygenates, such as alcohols, ketones, aldehydes, furans, diols, triols, hydroxy carboxylic acids, and carboxylic acids for use in later condensation reactions. FIG. 3 illustrates various reaction pathways involved in the deoxygenation of sorbitol to oxygenates and APR hydrogen. In general, without being limited to any particular theory, it is believed that the deoxygenation reactions involve a combination of various different reaction pathways, including without limitation: hydrodeoxygenation, consecutive dehydration -hydrogenation, hydrogenolysis, hydrogenation and dehydration reactions, resulting in the removal of oxygen from the oxygenated hydrocarbon to arrive at a hydrocarbon molecule having the general formula C1+O1-3.
BAULDREAY teaches in para [0067] the oxygenates produced are then converted into C4+ compounds by condensation. Without being limited to any specific theories, it is believed that the acid condensation reactions generally consist of a series of steps involving: (a) the dehydration of oxygenates to olefins; (b) oligomerization of the olefins; (c) cracking reactions; (d) cyclization of larger olefins to form aromatics; (e) paraffin isomerization; and (f) hydrogen-transfer reactions to form paraffins. Basic condensation reactions are believed to generally consist of a series of steps involving: (1) aldol condensation to form a .beta.-hydroxyketone or .beta.-hydroxyaldehyde; (2) dehydration of the .beta.-hydroxyketone or .beta.-hydroxyaldehyde to form a conjugated enone; (3) hydrogenation of the conjugated enone to form a ketone or aldehyde, which may participate in further condensation reactions or conversion to an alcohol or hydrocarbon; and (4) hydrogenation of carbonyls to alcohols, or vice-versa. Acid-base condensation reactions are believed to generally involve any of the previous acidic and/or basic reactions steps.
BAULDREAY teaches in EXAMPLE 3 teaches two or more feedstocks reactors; paras [0357]-[0358] and FIG. 10 shows a process diagram illustrating a dual feed pump reactor system useful for practicing the present invention. A dual feed pump system is used when the desired mix of feed components would not exist in a single liquid phase. For example, when a mix of 50% by weight 2-pentanol and 50% by weight water is the desired feed, two feed pumps are used, one to deliver 2-pentanol and the other to deliver water. A similar system may also be used to mix feedstock derived from two separate sources, such as a virgin feedstock and an oxygenated hydrocarbon feedstock derived from an effluent stream of the reactor system itself. All other elements are as set forth in Example 1, except that the aqueous phase 19 may be recycled to feedstock tank 40 for further processing or used in other processes. [0062] and FIG. 2 shows potential chemical routes that allow carbohydrates, such as sugars, to be converted to non-oxygenated hydrocarbons. [0036] FIG. 3 is an illustration of various reaction pathways involved in the deoxygenation of sorbitol to oxygenates and APR hydrogen. [0066] and FIG. 3 illustrates various reaction pathways involved in the deoxygenation of sorbitol to oxygenates and APR hydrogen. In general, without being limited to any particular theory, it is believed that the deoxygenation reactions involve a combination of various different reaction pathways, including without limitation: hydrodeoxygenation, consecutive dehydration -hydrogenation, hydrogenolysis, hydrogenation and dehydration reactions, resulting in the removal of oxygen from the oxygenated hydrocarbon to arrive at a hydrocarbon molecule. [0039] FIG. 6 is a flow diagram illustrating a reactor system configured to allow for the recycle of hydrogen, oxygenates and oxygenated hydrocarbons. [0166] FIG. 6 is a process diagram illustrating one potential reactor system useful in practicing the process of preparing the component derived from a water-soluble oxygenated hydrocarbon. [0167] In another preferred reactor system, illustrated in FIG. 7, a first reactor system is provided for converting the desired feedstock solution to C4+ compounds. [0359] FIG. 11 shows a schematic illustration of one type of reactor which may be employed in reactor systems as described in Examples 1, 2 and 3.
Although, BAULDREAY teaches a process of preparing the component compound derived from a water-soluble oxygenated hydrocarbon produces hydrocarbons, ketones and alcohols from biomass-derived oxygenated hydrocarbons, such as sugars, sugar alcohols, cellulosics, lignocelluloses, hemicelluloses, saccharides and the like; it does not explicitly disclose that the low-grade naphtha having a benzene content less than about 0.5 volume percent and a research octane number of less than about 60. However, it is within the scope of BAULDREAY as evident by KARVO in para [0015] that the renewable naphtha distillate may have a RON from 35 to 70, such as from 35 to 60 or from 35 to 50.
Although, BAULDREAY teaches in para [0074] the oxygenates may originate from any source, but are preferably derived from biomass, which includes lipids; this is further supported as evident by WOODS in para [0062] disclosing as used herein, the term " biomass" refers to, without limitation, organic materials produced by plants (e.g., wood, leaves, roots, seeds, stalks, etc.), and microbial and animal metabolic wastes. Common biomass sources include: (1) agricultural residues, such as corn stalks, straw, seed hulls, sugarcane leavings, bagasse, nutshells, and manure from cattle, poultry, and hogs; (2) wood materials, such as wood or bark, sawdust, timber slash, and mill scrap; (3) municipal waste, such as waste paper and yard clippings; (4) energy crops, such as poplars, willows, switch grass, miscanthus, sorghum, alfalfa, prairie bluestream, corn, soybean, and the like; (5) residual solids from industrial processes, such as lignin from pulping processes, acid hydrolysis or enzymatic hydrolysis; and (6) algae-derived biomass, including carbohydrates and lipids from microalgae (e.g., Botryococcus braunii, Chlorella, Dunaliella tertiolecta, Gracilaria, Pleurochyrsis carterae, and Sargassum) and macroalgae (e.g., seaweed). The term also refers to the primary building blocks of the above, namely, lignin, cellulose, hemicellulose and carbohydrates, such as saccharides, sugars and starches, among others.
Although, BAULDREAY teaches diesel fuel is a component in the process, one of ordinary skilled in the art would recognize that diesel fuels can be multifunctional and used as marine fuels which is evident by MEDOFF teaching in para [0116] the diesel produced by this invention can be of any standard diesel fuel grades--Nos. 1-D, 2-D, 4-D--numbered by increasing density and viscosity. For example, 1-D and 2-D grade diesel fuel are used to power diesel automobiles and railroad cars. 4-D is often used to power marine vessels.
Therefore, having the teachings of BAULDREAY, one of ordinary skilled in the art would be motivated to encompass said teachings as there is a long felt need for liquid fuel compositions which contain a component that is derivable from biomass and that is capable of use in the current infrastructure, namely the same distribution system and the same engines without the need for special modifications. There also exists a need for liquid fuel compositions which contain a component that is derivable from biomass that do not depend on microorganisms, enzymes or other expensive and delicate manufacturing processes, as taught by BAULDREAY in para [0010].
Hence, from the teachings of the references it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Consequently, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date, as evidenced by the references, especially in the absence of evidence to the contrary.
Furthermore, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
In addition, “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). In In re Young, a claim to a machine for making concrete beams included a limitation to the concrete reinforced members made by the machine as well as the structural elements of the machine itself. The court held that the inclusion of the article formed within the body of the claim did not, without more, make the claim patentable
“Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical product, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Also see in re Papesch, 315 F.2d 381, 391, 137 USPQ 43, 51 (CCPA 1963) (“From the standpoint of patent law, a compound and all its properties are inseparable.”).
Also, the claimed changes in the sequence of performing steps is considered to be prima facie obvious because the time at which a particular step is performed is simply a matter of operator preference, especially since the same result is obtained regardless of when the step occurs. See Ex parte RUBIN, 128 USPQ 440 (Bd. App. 1959). See also In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results).
Moreover, an intended result of a process being claimed does not impart patentability to the claims when the general conditions of a claim are disclosed in the prior art. Furthermore, it has been held that obviousness is not rebutted by merely recognizing additional advantages or latent properties present in the prior art process and composition. Further, the fact that applicant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. Ex parte Obiaya, 227 USPQ 58, 60 (Bd.Pat. App. & Inter. 1985).
In conclusion, it would have been obvious to the person having ordinary skill in the art to have selected appropriate conditions, as guided by the prior art, in order to obtain the desired products. It is not seen where such selections would result in any new or unexpected results. Please see MPEP 2144.05, II: noting obviousness within prior art conditions or through routine experimentation.
Again, KARVO, WOODS and MEDOFF are considered a teaching reference, not a modifying reference. See MPEP 2112.n.
Conclusion
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/CHANTEL L GRAHAM/
Examiner, Art Unit 1771
/ELLEN M MCAVOY/Primary Examiner, Art Unit 1771