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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
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 1-14 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 1-14 recites the broad recitations, and the claim also recites the word “preferably” followed by more narrow statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2011/0275874) in view of Sharp (US 3,246,960) and Letzsch (US 2003/0127358).
Regarding claims 1-14, Li teaches a catalytic cracking reactor with catalyst lift zone, with truncated cone reaction zone, and then outlet zone, and having feed and catalyst distributors (see figure).
Li teaches catalytic cracking of naphtha and heavy oils to produce ethylene and propylene products [0001-0020]. Li teaches fluidizing lift steam [0055]. Li teaches selecting appropriate heights and diameters and that the geometry of the reactor is beneficial in providing higher propylene yield and selectivity, shorter residence times, and reduced backmixing [0035-0042], [0063].
While Li does not disclose the ratio of height to diameter as claimed, Li recognizes that the geometry of the reactor results in shorter residence times, reduced backmixing, and higher product yield. Further, Sharp similarly teaches a similar reducing diameter geometry resulting in more uniform velocity and density and decreased backmixing (column 4, lines 1-75 and column 5, lines 30-35). Similarly, Letzsch teaches selection of reactor diameter in order to improve selectivity [0022-0026].
Therefore, it would have been obvious to the person having ordinary skill in the art to have selected appropriate geometry in order to achieve the desired improvements. Examiner notes that applicant’s instant specification similarly teaches that the claimed ratio is similarly drawn to reducing backmixing and improving selectivity (see pate 8 of instant spec).
Examiner further notes that Sharp teaches conventional FCC catalyst stripper, regenerator, and fractionator (see figure 1), which would be standard equipment connected to the FCC reactor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN216946880U – cited on IDS, teaches tapered catalytic cracking reaction vessel
Owen (US 4,957,617) – teaches contracting diameter in a fcc reactor in order to achieve desired velocity
Wegerer (US 5,451,313) – teaches fcc contacting reactor
Smith (US 2004/0024276) – teaches a tapering reactor to prevent secondary reactions [0118]
Xu (US 2013/0001129) – teaches a catalytic cracking reactor
Mauleon (US 4,832,825) – teaches fcc reactor with multiple reaction zones (see figure 3)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE STEIN whose telephone number is (571)270-1680. The examiner can normally be reached Monday-Friday 8:30 AM-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem C 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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/MICHELLE STEIN/Primary Examiner, Art Unit 1771
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