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 18/695428 application originally filed March 26, 2024.
Amended claims 1-10 and 14-17, filed March 26, 2024, are pending and have been fully considered. Claims 11-13 have been canceled. Claims 8-10 and 14-17 are withdrawn from consideration due to being drawn to a nonelected invention.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-7 in the reply filed on January 22, 2026 is acknowledged.
Claims 8-10 and 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 January 22, 2026.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ginestra et al. (US 2017/0175019) in view of Bauldreay et al. (US 2005/0109672) hereinafter “Bauldreay”.
Regarding Claims 1 and 2
Ginestra discloses in paragraph 0002, methods of providing higher quality kerosene-based propulsion (aviation/jet) fuels. More specifically, the invention relates to methods of upgrading kerosene-based propulsion fuels to fuels having enhanced properties using synthetic fuel blending components.
Ginestra discloses in paragraph 0010-0012, a method for upgrading a kerosene fuel to meet Jet A-1 specification or JP-8 specification: a. providing a quantity of kerosene base fuel having a boiling point in the range of 130° C. to 300° C., at atmospheric pressure, flash point of 38° C. or above measured by ASTM D56, a density at 15° C. of at least 775 kg/m3 and freezing point of above −47° C; b. providing a quantity of synthetic cyclo-paraffinic kerosene fuel blending component comprising at least 99.5 mass % of carbon and hydrogen content and at least 50 mass % of cyclo-paraffin, said cyclo-paraffinic kerosene fuel blending component having a boiling point of at most 300° C, at atmospheric pressure, flash point of 38° C, or above, a density at 15° C of at least 800 kg/m3, and freezing point of −60° C or lower; and c. blending a quantity of the bio-based cyclo-paraffinic kerosene fuel blending component and the kerosene base fuel in amount sufficient to lower the freezing point of the blended fuel to −47° C or lower.
Synthetic Cyclo-paraffinic Kerosene Fuel Blending Component
Ginestra discloses in paragraph 0049, the synthetic cyclo-paraffinic kerosene fuel blending component is generally characterized as a liquid composed of individual hydrocarbons useable as a jet fuel blending component and having at least the following properties: comprising at least 99.5 mass % of carbon and hydrogen content and at least 50 mass % of cyclo-paraffin.
Ginestra discloses in paragraph 0052, the synthetic cyclo-paraffinic kerosene fuel blending component preferably has a maximum iso-paraffin and n-paraffin content of less than 50 mass % (ASTM D2425 or optionally can be measured by GC×GC). The synthetic cyclo-paraffinic kerosene fuel blending component preferably has at least 60 mass % of cyclo-paraffinic content (ASTM D2425 or optionally can be measured by GC×GC). The aromatic content of the synthetic cyclo-paraffinic kerosene fuel blending component is preferably at most 1.5 mass %, at most 1 mass %, or at most 0.5 mass %. (ASTM D2425 or optionally can be measured by GC×GC).
Ginestra discloses in paragraph 0053 and 0054, the synthetic cyclo-paraffinic kerosene fuel blending component is derived from biomass (bio-derived cyclo-paraffinic kerosene fuel blending component). 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. 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. Common biomass-derived feedstocks include lignin and lignocellulosic derivatives, cellulose and cellulosic derivatives, hemicellulose and hemicellulosic derivatives, carbohydrates, starches, monosaccharides, disaccharides, polysaccharides, sugars, sugar alcohols, alditols, polyols, and mixtures thereof.
Kerosene Base Fuel or Kerosene Range Hydrocarbon Component
Ginestra discloses in paragraph 0043, a kerosene base fuel or kerosene range hydrocarbon component is any kerosene that may be useful as a jet fuel, or a jet fuel blending component (other than the synthetic cyclo-paraffinic kerosene fuel blending component described herein) having a boiling point in the range of 130° C to 300° C, at atmospheric pressure (as measured by ASTM D86). For a jet fuel blending component, the kerosene base fuel (whether single stream or a mixture) can have a flash point of 38° C. or above (measured by ASTM D56), and a density at 15° C. of at least 760 kg/m3 (as measured by D4052). The kerosene base fuel or kerosene range hydrocarbon component may originate from petroleum or be synthetically derived from biomass, or other non-biomass resources. In certain embodiments, the kerosene base fuel may be any petroleum-derived jet fuel known to skilled artisans, including kerosene fuels meeting at least one of Jet A, Jet A-1, F-24, JP-8, Jet B or AN-8 specification.
It is to be noted, Ginestra discloses in the background (see paragraph 0007) conventional jet fuels are blended with known paraffinic kerosene (“SPK”) from Fischer-Tropsch or hydrogenated vegetable oil but fails to specifically teach the blended kerosene based fuel comprise a paraffinic kerosene blending component.
However, it is known in the art to combine a Fischer-Tropsch derived kerosene fuel with a petroleum derived kerosene fuel, as taught by Bauldreay.
Bauldreay discloses in the abstract, a fuel composition useful for operating a jet engine or a diesel engine containing a petroleum derived kerosene fuel and a Fischer-Tropsch derived kerosene fuel is provided.
Bauldreay discloses in paragraph 0014, a fuel composition comprising a petroleum derived kerosene fuel and a Fischer-Tropsch derived kerosene fuel wherein the freeze point of the composition is lower than the freeze points of both of said petroleum derived kerosene fuel and said Fischer-Tropsch derived kerosene fuel. Bauldreay discloses in paragraph 0016, said Fischer-Tropsch derived kerosene fuel is present in the fuel composition in the amount of 0.1 to 99.9% v. Bauldreay discloses in paragraph 0036, the Fischer-Tropsch derived kerosene fuel will consist of at least 90% w, of paraffinic components, preferably normal and iso-paraffins. The weight ratio of normal to iso-paraffins will preferably be in the ranges indicated above. Some cyclic paraffins may also be present.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine a Fischer-Tropsch derived kerosene fuel with the petroleum derived kerosene fuel of Ginestra, as taught by Bauldreay. The motivation to do so is to blend kerosene based components that will produce a jet/aviation fuel that supports the fuel composition to not freeze or cause flow to be restricted during operation due to the fuel being operational under low temperature conditions at high altitudes, as taught by Ginestra and Bauldreay.
Regarding Claim 3
Ginestra discloses in paragraph 0053 and 0054, the synthetic cyclo-paraffinic kerosene fuel blending component is derived from biomass (bio-derived cyclo-paraffinic kerosene fuel blending component). 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. 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. Common biomass-derived feedstocks include lignin and lignocellulosic derivatives, cellulose and cellulosic derivatives, hemicellulose and hemicellulosic derivatives, carbohydrates, starches, monosaccharides, disaccharides, polysaccharides, sugars, sugar alcohols, alditols, polyols, and mixtures thereof.
Ginestra discloses in paragraph 0056, the synthetic cyclo-paraffinic kerosene fuel blending component is derived from the conversion of a biomass-derived feedstock containing one or more carbohydrates, such as starch, monosaccharides, disaccharides, polysaccharides, sugars, and sugar alcohols, or derivatives from lignin, hemicellulose and cellulose using a bioreforming processes. As used herein, the term “bioreforming” refers to, without limitation, processes for catalytically converting biomass-derived oxygenated hydrocarbons to lower molecular weight hydrocarbons and oxygenated compounds using aqueous phase reforming, hydrogenation, hydrogenolysis, hydrodeoxygenation and/or other conversion processes involving the use of heterogeneous catalysts.
Ginestra discloses in paragraph 0059, the oxygenated hydrocarbons are reacted in an aqueous solution with hydrogen over a deoxygenation catalyst to produce a stream of mixed oxygenates. The oxygenates will generally include, without limitation, oxygenated hydrocarbons having 1 to 4 oxygen atoms (e.g., mono-, di-, tri- and tetra-oxygenated hydrocarbons). The mono-oxygenated hydrocarbons typically include alcohols, ketones, aldehydes, cyclic ethers, furans, and pyrans, while the di-oxygenated hydrocarbons typically include diols, hydroxy ketones, lactones, furfuryl alcohols, pyranyl alcohols, and carboxylic acids.
Ginestra further discloses in paragraph 0060, the deoxygenation catalyst is a heterogeneous catalyst having one or more active materials capable of catalyzing a reaction between hydrogen and the oxygenated hydrocarbons to remove one or more of the oxygen atoms from the oxygenated hydrocarbon to produce the oxygenates described above. The active materials may include, without limitation, Cu, Re, Fe, Ru, Ir, Co, Rh, Pt, Pd, Ni, W, Os, Mo, Ag, Au, alloys and combinations thereof, adhered to a support. The deoxygenation catalyst may include these elements alone or in combination with one or more Mn, Cr, Mo, W, V, Nb, Ta, Ti, Zr, Y, La, Sc, Zn, Cd, Ag, Au, Sn, Ge, P, Al, Ga, In, Tl, Ce and combinations thereof. The support may be any one of a number of supports, including a support having carbon, silica, alumina, zirconia, titania, tungsten, vanadia, chromia, zeolites, heteropolyacids, kieselguhr, hydroxyapatite, and mixtures thereof. The deoxygenation catalyst may also include an acidic support modified or constructed to provide a desired functionality.
Ginestra further discloses in paragraph 0062, the synthetic cyclo-paraffinic kerosene fuel blending component is subsequently produced using an acid condensation catalyst and a reactant stream that includes the mixed oxygenate stream above as a first reactant and a second reactant having an average oxygen to carbon ratio of 0.2 or less, in the presence of water. Alternatively, the first reactant may have an average oxygen content per molecule of about 1 to 4, calculated as the total number of oxygen atoms (z) in the oxygenates of the first reactant divided by the total number of molecules of oxygenates in the first reactant. The total number of carbon atoms per molecule, oxygen atoms per molecule and total molecules in the first reactant may be measured using any number of commonly known methods, including (1) speciation by gas chromatography (GC), high performance liquid chromatography (HPLC), and other methods known to the art and (2) determination of total oxygen, carbon, and water content by elemental analysis. Oxygen present in water, carbon dioxide, or carbon monoxide is excluded from the determination of reactant oxygen to carbon ratio.
Ginestra further discloses in paragraph 0067, the condensation reaction is performed using catalytic materials that exhibit acidic activity. These materials may be augmented through the addition of a metal to allow activation of molecular hydrogen for hydrogenation/dehydrogenation reactions.
Ginestra further discloses in paragraph 0073, separation processes are well known in the art and generally involve one or more distillation columns designed to facilitate the separation of desired compounds from a product stream. The distillation will be generally operated at a temperature, pressure, reflux ratio, and with an appropriate equipment design, to recover the portion of the C8+ compounds which conform to the boiling point characteristics of the synthetic cyclo-paraffinic kerosene fuel blending component.
Regarding Claims 4 and 6
Blending and Using
Ginestra discloses in paragraph 0088, the amount of the synthetic cyclo-paraffinic kerosene fuel blending component may suitably be in an amount of 1 to 97 vol. %, provided that the amount is sufficient to increase volumetric energy content at least 0.1%. The amount may vary depending on the kerosene base fuel and/or the desired specification to upgrade to and/or amount of desired volumetric energy content increase desired. The amount of the synthetic cyclo-paraffinic kerosene fuel blending component will vary depending on the kerosene base fuel used.
It is to be noted, Ginestra discloses in the background (see paragraph 0007) conventional jet fuels are blended with known paraffinic kerosene (“SPK”) from Fischer-Tropsch or hydrogenated vegetable oil but fails to specifically teach the blended kerosene based fuel comprise a paraffinic kerosene blending component in the claimed range amount.
However, it is known in the art to combine a Fischer-Tropsch derived kerosene fuel with a petroleum derived kerosene fuel, as taught by Bauldreay.
Bauldreay discloses in the abstract, a fuel composition useful for operating a jet engine or a diesel engine containing a petroleum derived kerosene fuel and a Fischer-Tropsch derived kerosene fuel is provided.
Bauldreay discloses in paragraph 0014, a fuel composition comprising a petroleum derived kerosene fuel and a Fischer-Tropsch derived kerosene fuel wherein the freeze point of the composition is lower than the freeze points of both of said petroleum derived kerosene fuel and said Fischer-Tropsch derived kerosene fuel. Bauldreay discloses in paragraph 0016, said Fischer-Tropsch derived kerosene fuel is present in the fuel composition in the amount of 0.1 to 99.9% v. Bauldreay discloses in paragraph 0036, the Fischer-Tropsch derived kerosene fuel will consist of at least 90% w, of paraffinic components, preferably normal and iso-paraffins. The weight ratio of normal to iso-paraffins will preferably be in the ranges indicated above. Some cyclic paraffins may also be present.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine a Fischer-Tropsch derived kerosene fuel in the range amount of 0.1 to 99.9% v with the petroleum derived kerosene fuel of Ginestra, as taught by Bauldreay. The motivation to do so is to blend kerosene based components in effective amounts that will produce a jet/aviation fuel that supports the fuel composition to not freeze or cause flow to be restricted during operation due to the fuel being operational under low temperature conditions at high altitudes, as taught by Ginestra and Bauldreay.
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 5 and 7
Blending and Using
Ginestra discloses in paragraph 0088, the amount of the synthetic cyclo-paraffinic kerosene fuel blending component may suitably be in an amount of 1 to 97 vol. %, provided that the amount is sufficient to increase volumetric energy content at least 0.1%. The amount may vary depending on the kerosene base fuel and/or the desired specification to upgrade to and/or amount of desired volumetric energy content increase desired. The amount of the synthetic cyclo-paraffinic kerosene fuel blending component will vary depending on the kerosene base fuel used.
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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aulich et al. (US 2009/0000185) discloses in the abstract, aviation-grade kerosene comprising a first blendstock derived from non-petroleum feedstock and comprising primarily hydrocarbons selected from the group consisting of isoparaffins and normal paraffins, and a second blendstock comprising primarily hydrocarbons selected from the group consisting of cycloalkanes and aromatics. A method for the production of aviation-grade kerosene comprising producing a first blendstock from at least one non-petroleum feedstock, the first blendstock comprising primarily hydrocarbons selected from the group consisting of isoparaffins and normal paraffins; producing a second blendstock comprising primarily hydrocarbons selected from the group consisting of cycloalkanes and aromatics; and blending at least a portion of the first blendstock with at least a portion of the second blendstock to produce aviation-grade kerosene.
Baualdreay et al. (US 2016/0326448) discloses in the abstract, reduced emissions in a jet fuel having aromatics content can be achieved by incorporating a quantity of an aromatic kerosene fuel blending component, preferably a bio-derived synthetic aromatic kerosene, comprising at least 90 wt. % of aromatics, less than 10 wt. % of indanes and tetralins and less than 1 wt. % of naphthalene into a jet fuel in a manner to meet the aromatic content specification for jet fuels. A jet fuel having aromatics content having reduced number-based nvPM emissions compared to equivalent total aromatics content petroleum-derived kerosene jet fuel is obtained.
Baualdreay et al. (US 2018/0230393) discloses in the abstract, by blending a quantity of synthetic cyclo-paraffinic kerosene fuel blending component comprising at least 99.5 mass % of carbon and hydrogen content and at least 50 mass % of cyclo-paraffin into kerosene base fuel, kerosene based-propulsion fuels can be upgraded to higher quality kerosene based-propulsion fuels such as jet fuel or rocket fuel to meet certain specification and/or increase volumetric energy content of the propulsion fuel.
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