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 .
This communication is in response to the Election filed 3/26/2026.
Claims 1-20 are pending. Claim 20 is withdrawn from consideration as directed to a nonelected invention.
Election/Restrictions
Applicant's election with traverse of group 1 in the reply filed on 3/26/2026 is acknowledged. Claim 20 is withdrawn from consideration.
The traversal is on the ground(s) that the groups share a special technical feature because the pitch is that detailed in claim 20 of group 2 and not a generally known pitch. This argument is not persuasive. Examiner finds there is no shared special technical feature among the two groups. Group 2, claim 20 claims a pitch having a mesophase content from 5 vol. % to 100 vol. %, based on the total volume of the pitch product, an MCR in the range of about 50 wt. % to about 95 wt. %, based on the total weight of the pitch, and a softening point Tsp in the range of about 10°C to about 400°C. Group 1 is a process for producing a pitch from heavy hydrocarbon with two independent claims, including heat treating a heavy feedstream followed by separation and solvent deasphalting to produce an isotropic pitch. The overlapping feature between the two groups is a pitch, not a pitch with all the features claimed in Group 2. Pitch is known in the art. Therefore, no overlapping special technical feature exists between the two groups.
In response to applicants arguments that claim 16 (Group 1) shares a special technical feature with claim 20 (Group 2), the step of heat treating to produce a mesophase pitch having properties overlapping that of claim 20 is claimed as optional, therefore mesophase pitch is not required in either independent claim of Group 1.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-19 are 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 1 recites producing a soluble product fraction comprising a first pitch product portion and an insoluble product fraction compromising a portion of the first pitch product. As written, it is unclear how the insoluble product fraction may contain a portion of the first pitch product portion if the soluble fraction contains the first pitch product from the soluble fraction.
Claims 2-19 which depend from claim 1 are similarly rejected.
Claim 4 recites the limitation "the third solvent" in lines 4 and 6. There is insufficient antecedent basis for this limitation in the claim. For examination below, it is assumed the third solvent is the second solvent.
Claim 5 recites the limitation "the fourth separation unit" in line 2 and “the third solvent” in lines 2-3, 4, and 6. There is insufficient antecedent basis for these limitations in the claim.
Claim 6 recites the limitation "wherein deasphalting the soluble product fraction provides at least 20% to 25% metals content reduction in the second pitch product". The claim recites a result from deasphalting the soluble product but not a step of deasphalting the product; the basis for reduction in metals is unclear; and there is insufficient basis for "the second pitch product" in 2. For each of these, the claim is unclear.
Claim 8 recites the limitation "the forth separation unit". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the second solvent" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the separation bottom product" and . There is insufficient antecedent basis for this limitation in the claim.
Claims 13 and 14 recite the limitation " the first pitch product". Claim 1 recites a stream including a first pitch product portion and a separate stream including a portion of first pitch product. It is unclear which of the two previous first pitch product streams may be treated in claim 13 or 14.
Claim 15 recites the limitation "the first pitch product”, “the second pitch product”, “the purified pitch product”, “the second purified pitch product”, or “the mesophase pitch product". There is insufficient antecedent basis for these limitations in the claim.
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) 1-3, 6-15 is/are rejected under 35 U.S.C. 102(a) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Tsuchitani (US 5,182,011).
With respect to claim 1, Tsuchitani teaches a process for preparing pitches (abstract), comprising a four step treatment of (1) heat treatment, (2) distillation, (3) extraction of soluble from insoluble, and (4) distillation (abstract).
Tsuchitani teaches heat treating a heavy hydrocarbon feedstock (heavy oil col. 12, line 60) in a heat treatment unit to produce a first effluent comprising a heat treated product (col. 12, lines 66-68); and distilling or flashing the effluent, i.e. at least partially separating a mixture of gas and distillate, in a first separation unit to produce a thermally cracked heavy component (i.e. a second effluent) (col. 13, lines 4-8). Tsuchitani teaches adding a solvent to the heavy component (i.e. deasphalting in a deasphalter unit) and separating and collecting an insoluble component to obtain high molecular weight bituminous material (i.e. product (ii)) (col. 13, lines 9-15) and a component substantially soluble in the aromatic solvent containing solvent and heavy cracked components (26 in figure 2). Tsuchitani teaches hydrogenating the pitch, distilling to remove solvent, and further heat treating the pitch in a subsequent heat treatment step to produce mesophase pitch (col. 36, lines 10-21).
Tsuchitani teaches the same process of heat treatment, distillation, and deasphalting the bottoms product, it is inherent or else obvious to one of ordinary skill at the time of filing that the soluble and insoluble fractions will each contain a portion of the pitch and solvent, and that the soluble fraction and insoluble fraction would each contain soluble and insoluble components of the effluent, respectively.
With respect to claim 2, Tsuchitani teaches wherein a portion of the mother liquid (deasphalted oil separated in 24) is mixed with the feedstream prior to heat treating. This stream includes components boiling at a temperature below 350C, which overlaps the claimed streams of naphtha through gas oil range.
With respect to claim 3, Tsuchitani teaches wherein the first solvent is a monocyclic aromatic hydrocarbon or solvent having similar solubility (col 13). Exemplified solvents include benzene, toluene, xylene (col. 21, lines 36+) as well as mixed solvents of hexane, heptane, acetone, MEK, methanol, ethanol, kerosene, gas oil, naphtha, with quinoline, pyridine, coal tar gas oil, wash oil, carbonyl oil, anthracene oil, aromatic low boiling oil (col. 21, lines 50+).
With respect to claim 6, Tsuchitani teaches treating the same feed with the same process, therefore the same metals reduction is expected.
With respect to claims 7 and 8, Tsuchitani teaches a “method can be employed for separating the insoluble materials” including filtration. Therefore it would have been obvious to one of ordinary skill in the art at the time of fling to remove fines and other particles from the thermal cracked effluent 16 or portion thereof such as 19 before further treatment using means well known in the art to achieve predictable results.
With respect to claim 9, Tsuchitani teaches recycling solvent from the first distillation unit for use in the heat treatment unit (col. 35, line 52+).
With respect to claim 10, Tsuchitani teaches wherein heat treating the heavy hydrocarbon feedstock in a heat treatment unit occurs at least at a temperature ranging of 400-600°C (col. 26, line 5), which overlaps the claimed range of from 350 to 550°C; and a residence time of 30-1,000 seconds (col. 26, line 6), which overlaps the claimed range of about 5 minutes or greater.
With respect to claim 11, Tsuchitani teaches wherein the hydrocarbon feed contains a number of impurities such as It would have been obvious to one of ordinary skill in the art at the time of filing to subject the feed to hydrotreating to remove contaminants in a known way prior to producing isotropic or mesophase pitch.
With respect to claim 12, Tsuchitani teaches hydrotreating the bottoms product, which would result in at least partially removing a mixture of gas and heteroatoms contaminants, oxygenates, and metals (col. 33).
With respect to claim 13, Tsuchitani teaches heat treating the first pitch product and/or the isotropic pitch product to produce a mesophase pitch (col. 35, line 1+).
With respect to claim 14, Tsuchitani teaches optionally sparging a gas through the first pitch product and/or the isotropic pitch product to produce a mesophase pitch (col. 35, line 11).
With respect to claim 15, Tsuchitani teaches producing a high-performance fiber such as carbon or graphitized fiber from the mesophase pitch product (abstract).
Claim(s) 4 and 16-19 is/are rejected under 35 U.S.C. 102(a) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Tsuchitani (US 5,182,011) as applied to claim 1, further in view of Choi (US 2022/0235283).
With respect to claim 4, Tsuchitani teaches the limitations of claims 1-3 as discussed above. Tsuchitani is silent regarding deasphalting the soluble product fraction (stream 26 in Tsuchitani) in a second deasphalting unit as claimed in claim 4.
Choi is directed to deasphalting residual oil (abstract). Choi teaches using a two-step process to minimize the production of pitch while maintaining the DAO quality by utilizing a two stage process (0004-0005). Choi teaches deasphalting the residual fraction in a first unit producing a pitch and first soluble product; deasphalting the first soluble product in a second deasphalting unit to produce a deasphalted oil and a second insoluble comprising resin (0029; 0043). The first solvent may be e.g. propane, butane, pentane, or combinations thereof (0035) and the second solvent may be any number of solvents, including those propane, butane, pentane (0046).
Before the filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use two stage deasphalting of Choi as the deasphalting step of Tsuchitani because both are directed to methods for deasphalting residual oils, Choi teaches benefit of improved separation of components using two stage, and each is known in the art and the combination of such would do not more than obtain predictable results.
Before the filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to select two known deasphalting solvents in the process of Tsuchitani as suggested by Tsuchitani to achieve the desired separation of insoluble components from soluble components. It would have been obvious to select a higher solubility solvent for the first deasphalting stage where the desired product fractions include maximized soluble product and heaviest portion of insoluble compared to the resin.
With respect to claim 16, Tsuchitani in view of Choi teaches the limitations of claims 1-4, 6-10, and 12-15 above and applied here, including additional hydrotreating.
With respect to claim 17, it would have been obvious to select a higher solubility solvent for the first deasphalting stage where the desired product fractions include maximized soluble product and heaviest portion of insoluble compared to the resin.
With respect to claim 18, Tsuchitani teaches wherein the first solvent is a monocyclic aromatic hydrocarbon or solvent having similar solubility (col 13). Exemplified solvents include benzene, toluene, xylene (col. 21, lines 36+) as well as mixed solvents of hexane, heptane, acetone, MEK, methanol, ethanol, kerosene, gas oil, naphtha, with quinoline, pyridine, coal tar gas oil, wash oil, carbonyl oil, anthracene oil, aromatic low boiling oil (col. 21, lines 50+).
With respect to claim 19, Tsuchitani teaches a “method can be employed for separating the insoluble materials” including filtration. Therefore it would have been obvious to one of ordinary skill in the art at the time of fling to remove fines and other particles from the thermal cracked effluent 16 or deasphalted oil before further treatment using means well known in the art to achieve predictable results.
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Tsuchitani (US 5,182,011) as applied to claim 1, further in view of Govindhakannan (US 2019/0093025).
With respect to claim 5, Tsuchitani teaches the limitations of claims 1-3 as discussed above. Tsuchitani is silent regarding deasphalting the insoluble product fraction (stream 28 in Tsuchitani) in a second deasphalting unit as claimed in claim 4.
Govindhakannan teaches solvent deasphalting of residue hydrocarbons in series (abstract). Govindhakannan teaches that “SDA typically recovers no more than about 40 wt. % product. Hence, further recovery is very desirable in SDA to make it worthwhile” (0004). The art teaches solvent extracting the feed 20 in a first unit 24 to separate a deasphalted oil 30 and a first pitch 32; stripping solvent from the first pitch in 50; and deasphalting the first pitch in second deasphalting unit 84 to obtain a second DAO 90 and a second pitch 92 (0027; Figure). The solvent in the downstream unit is higher than the solubility of the first, specifically, the “second solvent . . . is heavier than the first solvent, solubilizes the aliphatic and lighter hydrocarbon material in the first pitch stream that is heavier than the first pitch stream in the first pitch line” (0027). The art teaches that “SDA typically recovers no more than about 40 wt. % product. Hence, further recovery is very desirable in SDA to make it worthwhile” (0005).
Before the filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use two stage deasphalting of Govindhakannan as the deasphalting step of Tsuchitani because both are directed to methods for deasphalting residual oils, Govindhakannan teaches benefit of improved separation and recovery of desirable product using two stage deasphalting over one stage, and each is known in the art and the combination of such would do not more than obtain predictable results.
Conclusion
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/BRANDI M DOYLE/ Examiner, Art Unit 1771
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