DETAILED ACTION
This is the initial Office action for application SN 18/846,951 having an effective date of 13 September 2024 and a Foreign priority date of 14 March 2022 (Japan). A preliminary amendment was filed on 13 September 2024. Claims 12-19 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 § 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 12-13 and 15-19 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.
The claimed term “polymerization inhibitor” is indefinite since it fails to particularly point out and distinctly claim the subject matter applicant regards as the invention. The specification discloses one “polymerization inhibitor”, namely hydroquinone. The claimed invention should be limited to this one component. Further, it is not clear in the art what components would be considered to be polymerization inhibitors.
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) 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-191825 A, JP 2001-49024 A and JP 2001-240697.
The Japanese references disclose methods for thermal decomposition of waste plastic into oil, comprising a step for heating waste plastic and a polymerization inhibitor to thermally decompose the waste plastic to generate decomposition gas, and a step for cooling the decomposition gas to generate decomposition oil. Although not stated in the references, it is expected that the polymerization inhibitor is at least partially vaporized by being heated and reacts with the decomposition gas in the gas phase.
The Japanese references additionally disclose a device for thermal decomposition of waste plastic into oil comprising a decomposition/evaporation tank configured to heat waste plastic and a polymerization inhibitor and thermally decompose the waste plastic to generate decomposition gas, and a condenser connected to the decomposition/evaporation tank and configured to cool the decomposition gas supplied from the decomposition/evaporation tank to generate decomposition oil.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/ELLEN M MCAVOY/ Primary Examiner, Art Unit 1771
EMcAvoy
April 27, 2026
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