DETAILED ACTION
This is the initial Office action for application SN 18/740,324 having an effective date of 11 June 2024 and a provisional priority date of 12 June 2023. Claims 1-20 are pending. 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 § 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Towler (US 2009/0158662).
Towler discloses systems and methods of reducing carbon dioxide emissions in a fluid catalytic cracking (FCC) unit [0002]. FIG. 1 illustrates a FCC unit and separation system 10. As shown, the FCC unit 10 comprises a reactor 12 that is configured to receive a FCC feedstock 22 (fresh feed) and a regenerator 14 in fluid communication with the reactor 12 to receive spent catalyst. Towler discloses in one embodiment, the reactor 12 cracks the feedstock 22 therein to an effluent containing hydrocarbons ranging from methane through relatively high boiling point materials along with hydrogen and hydrogen sulfide. Towler discloses that during the cracking reaction, a carbonaceous by-product is deposited on the circulating catalyst. This material, termed “coke” is continuously burned off the spent catalyst in the regenerator 14 [0015].
In one embodiment, Towler discloses that the regenerator 14 is configured to receive an artificially created feed gas and spent catalyst from the reactor 12. The regenerator 14 receives a feed gas 28 to burn the coke off the spent catalyst, thereby producing a synthesis gas 32 that exits a synthesis gas line to a synthesis-gas system [0016].
Towler discloses that producing a high quality synthesis gas begins with feed gas 28 comprising oxygen. The feed gas 28 preferably further comprises (1) steam, (2) carbon dioxide, or steam and carbon dioxide [0017]. Towler discloses that the feed gas 28 preferably does not include nitrogen. Towler discloses that concentration levels range from 0 to 50 mol % oxygen, 0 to 75 mol % carbon dioxide, and 0 to 75 mol % steam. In one embodiment, Towler discloses that the feed gas 28 is around 30 mol % oxygen and 70 mol % carbon dioxide on a dry basis [0017].
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).
Towler discloses that the regenerator 14 reactivates the catalyst so that, when returned to the reactor 12, the catalyst is in optimum condition to perform its cracking function [0020]. The regenerated catalyst vaporizes the hydrocarbon feedstock 22 to define resultant vapors.
Towler discloses that the reactor effluent is preferably directed to a main fractionator or fractionation column 50 for resolution into gaseous light olefin co-products, FCC gasoline, and cycle stocks [0022] and [0026]. Towler discloses that a stripped spent catalyst descends through a standpipe 23 and into the regenerator 14 [0022].
Towler discloses that in one embodiment of the invention dry gas 30 is combined with the synthesis gas 32 from the regenerator 14 resulting in overall synthesis gas 34. The quality of the overall synthesis gas 34 can be enhanced by being sent to a secondary reforming unit 36 to form an improved overall synthesis gas 38. Towler discloses that a preferred embodiment of the invention includes recycling carbon dioxide from a synthesis gas separation unit (not shown) plus oxygen from an oxygen generation unit (not shown) [0016].
Thus, examiner is of the position that Towler meets the limitations of the claimed process of converting a hydrocarbon feedstock to multiple products since process steps (a) to (e) may be the same.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLEN M MCAVOY whose telephone number is (571)272-1451. The examiner can normally be reached Monday-Friday 9:30am - 7:00 pm EST.
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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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/ELLEN M MCAVOY/ Primary Examiner, Art Unit 1771
EMcAvoy
March 11, 2026