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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 44 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 44 recites the limitation "heating of pyrolysis gases" in claim 35. There is insufficient antecedent basis for this limitation in the claim. For the sake of examination, the heating step is understood as heating of feedstock in the pyrolysis reactor.
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.
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.
Claims 35 – 54 are rejected under 35 U.S.C. 103 as obvious over Bitting et al. (WO 2021/163113A1)
In regards to claim 35, Bitting teaches methods and systems for conversion of waste plastic into various downstream recycle products through a pyrolysis and cracker process, wherein pyrolysis gas is separated to form one or more recycle products (abstract). The process includes introducing a pyrolysis feed into a pyrolysis unit, wherein the feed comprises a recycled waste plastic, pyrolyzing at least a portion of the pyrolysis feed to form a pyrolysis effluent comprising a pyrolysis gas; and feeding at least a portion of the pyrolysis gas into a partial oxidation gasifier [0004].
The plastics are comminuted (shredded, chopped, chips, flakes, powder or pellets) [0045]. The product comprises pyrolysis oil, pyrolysis gas, pyrolysis residue (i.e., char) and wherein the pyrolysis process is inert and substantially oxygen free [0101, 0126]. The process can occur in the absence of a catalyst [0102]. Various types of reactors are useful in the process [0103]. Pyrolysis occurs at temperatures of from 325 to 800℃, and a pressure of from 0.1 to 100 bar (i.e., 10 to 10,000 kpa) [0112, 0116].
The pyrolysis gas product stream which is fed into the cracker facility includes hydrocarbons such as gasoline, diesel and kerosene [0322 – 0326]. The gas products go through a separator and compression stages in a compressor with cooling to condense the gas and provide a liquid condensate hydrocarbon product [0372, 0373]. The products are removed (i.e., collected) [0374].
Bitting teaches each step of the process including condensing of the gas. While the step of returning the condensate to the reactor vessel is not particularly recited, it does not carry patentable weight as the further reheating of the condensate is optional, and the claims allow for the step of separation of the product following condensation which Bitting teaches. However, in the alternative, Bitting teaches using some of the product stream as fuel, and thus makes recycling the product for use as fuel in the pyrolysis or cracking steps [0484].
In regards to claims 36, 37, Bitting teaches the process having temperatures and pressures overlapping the claimed ranges.
In regards to claim 38, Bitting teaches the process which is inert and does not require oxygen or is substantially absent.
In regards to claim 39, Bitting teaches the process having the amount of conversion claimed [0517].
In regards to claims 40 – 42, Bitting teaches the process and the liquid product streams comprising kerosene, gasoline and diesel which would be expected to provide the claimed ASTM specification.
In regards to claim 43, Bitting teaches the process which further comprises a refining step such as cracking as previously stated.
In regards to claim 44, Bitting teaches the process wherein unreacted solids can be returned to the reactor for reheating [0225, Fig 2]. Also, condensation can occur multiple times (i.e., polycondensation) [0093].
In regards to claims 45 – 47, Bitting teaches the process comprising various hydrocarbon product streams comprising gases, liquids, and solid residue as previously stated.
In regards to claim 48, Bitting teaches the process wherein the system comprises burners which provides heat to the furnace [0338]. Also, as previously discussed, Bitting teaches using some of the product stream as fuel, and thus makes the use of the fuel products for the burners obvious [0484].
In regards to claim 49, Bitting teaches the process having the comminuted plastic material as previously stated.
In regards to claim 50, Bitting teaches the pyrolysis apparatus having feeding means, heating means, agitating means [0082], condensing means, collection means and the lack of oxygen and catalyst in the reactor as previously discussed above.
In regards to claims 51 – 53, Bitting teaches the apparatus comprising the inlet (feed) and outlet (transportation means such as to the cracker and separation devices) and flowing means for the pyrolysis feed and products but does not particularly recite the bend, curve or axis of the channels or direction of flow which appears to be parameters that persons of ordinary skill in the art would routinely optimize in performing the process of pyrolysis, transportation and extraction of the products [Figures 1 – 16].
In regards to claim 54, Bitting teaches the apparatus comprising the reactor, condenser, fractionator column, flash (column or tank), burner system which are all in fluid communication within a system [0355, 0365 & Figures 1 – 16]
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771
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