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
Claims 1, 4-8, 16-25 are pending. Claims 2-3 and 9-15 are canceled. Claims 1, 4 and 16-20 are amended.
The previous rejection of claim 1, 4-8, 16 under 35 U.S.C. 103 are withdrawn, necessitated after Applicant amendment.
However, after reconsideration of the record, new rejections are entered.
Claim Objections
Claim 24 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 16. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 4-8, 16-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lacombe et al (US 2006/0063955).
With respect to claim 1, Lacombe discloses A method for making light hydrocarbon oligomers, comprising:
reacting one or more C3 to C4 olefins (see page 15, claim 20) with a gamma-alumina catalyst (see page 14, claim 1) at a temperature of about 40°C to 250°C (see page 15, claim 21)to provide a higher molecular weight product comprising kerosene (see paragraph 0171), wherein the gamma-alumina catalyst contains no additional catalytic metals, activators, or promoters (see page 14, claim 1).
Lacombe fails to disclose the complete range in temperature, feedstock and products as claimed.
However, it would have been obvious to one with ordinary skill in the art, before the effective filling date of the claimed invention, through routine experimentation.
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) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped.); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
With respect to claim 4, Lacombe discloses A method for making light hydrocarbon oligomers, comprising:
reacting one or more C3 to C4 olefins (see page 15, claim 20) with a gamma-alumina catalyst (see page 14, claim 1) at a temperature of about 40°C to 250°C (see page 15, claim 21)to provide a higher molecular weight product comprising kerosene (see paragraph 0171), wherein the gamma-alumina catalyst contains no additional catalytic metals, activators, or promoters (see page 14, claim 1) and has a pore size of about 5 A to about 140 A (see abstract) and a surface area of about 100 m2/g to about 550 m2/g (see abstract).
Lacombe fails to disclose the complete range in temperature, pore size, surface area, feedstock and products as claimed.
However, it would have been obvious to one with ordinary skill in the art, before the effective filling date of the claimed invention, through routine experimentation.
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) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped.); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
With respect to claim 5, Lacombe discloses the limitation of claim 1.
Lacombe further discloses wherein pressure is from about 0.1 MPa to about 10 MPa (see page 15, claim 21).
With respect to claim 6, Lacombe discloses the limitation of claim 5.
Lacombe further discloses wherein the feed consist essentially of ethylene and propylene (see paragraph 0164).
With respect to claim 7-8, Lacombe discloses the limitation of claim 1. Lacombe further discloses wherein the higher molecular weight product comprises gasoline and kerosene boiling above 150°C (see paragraph 0166).
With respect to claim 16 and 24, Lacombe discloses the limitation of claim 4. Lacombe further discloses wherein the higher molecular weight product comprises gasoline and kerosene boiling above 150°C (see paragraph 0166).
With respect to claim 17, Lacombe discloses A method for making light hydrocarbon oligomers, comprising:
reacting one or more C3 to C4 olefins (see page 15, claim 20) with a gamma-alumina catalyst (see page 14, claim 1) at a temperature of about 40°C to 250°C (see page 15, claim 21)to provide a higher molecular weight product comprising kerosene (see paragraph 0171), wherein the gamma-alumina catalyst contains no additional catalytic metals, activators, or promoters (see page 14, claim 1).
Lacombe fails to disclose the complete range in temperature, feedstock and products, as claimed.
However, it would have been obvious to one with ordinary skill in the art, before the effective filling date of the claimed invention, through routine experimentation.
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) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped.); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
With respect to claim 18, Lacombe discloses the limitation of claim 17.
Lacombe further discloses wherein the feed consist essentially of ethylene and propylene (see paragraph 0164).
With respect to claim 19, Lacombe discloses the limitation of claim 17.
Lacombe further discloses wherein the feed consist essentially of ethylene and propylene (see paragraph 0164) and wherein the higher molecular weight product comprises gasoline and kerosene boiling above 150°C (see paragraph 0166).
With respect to claim 20, Lacombe discloses the limitation of claim 17.
Lacombe further discloses wherein the feed consist essentially of ethylene and propylene (see paragraph 0164) and wherein the higher molecular weight product comprises gasoline and kerosene boiling above 150°C (see paragraph 0166).
Lacombe fails to disclose the complete range of product characteristics, as claimed.
However, it would have been obvious to one with ordinary skill in the art, before the effective filling date of the claimed invention, through routine experimentation.
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) (The prior art taught carbon monoxide concentrations of "about 1-5%" while the claim was limited to "more than 5%." The court held that "about 1-5%" allowed for concentrations slightly above 5% thus the ranges overlapped.); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
With respect to claim 21-22, Lacombe discloses the limitation of claim 17.
Lacombe further discloses wherein the catalyst has a pore size of about 5 A to about 140 A (see abstract) and a surface area of about 100 m2/g to about 550 m2/g (see abstract).
With respect to claim 23, Lacombe discloses the limitation of claim 17.
Lacombe further discloses wherein pressure is from about 0.1 MPa to about 10 MPa (see page 15, claim 21).
With respect to claim 25, Lacombe discloses the limitation of claim 17.
Lacombe further discloses wherein the higher molecular weight product comprises gasoline and kerosene boiling above 150°C (see paragraph 0166).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-8, 16-20 have been considered but are moot because the new ground of rejection.
Conclusion
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/JUAN C VALENCIA/Examiner, Art Unit 1771
/Randy Boyer/
Primary Examiner, Art Unit 1771
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