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
This Office action is in response to the amendment filed January 27, 2026 in which claims 1, 11-13 and 15-20 were amended.
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.
Claims 1-3, 6-10, and 12-23 are rejected under 35 U.S.C. 103 as being unpatentable over Vyakaranam (US 20230120367-appears on previous PTO-892) in view of Blackborow (US 5588973-appears on previous PTO-892).
Vyakaranam teaches a method of reducing or preventing fouling in a plastic-derived synthetic feedstock derived from plastic pyrolysis. An antifouling agent includes a carboxylic acid/anhydride or a copolymer of a dicarboxylic acid/anhydride and alpha olefin (see abstract). The alpha-olefin may have 10-36 carbon atoms (see para 0057). The method of obtaining the synthetic feedstock comprises: (a) heating plastic ( under substantially oxygen free conditions at a temperature from about 400° C. to about 850° C. to produce a pyrolysis effluent; (b) condensing the pyrolysis effluent to obtain a synthetic feedstock; and (c) recovering the synthetic feedstock (see para 0040-0044). Various plastic types such a thermoplastic waste or recycled plastics may be used. The types of plastics commonly encountered in waste-plastic feedstock include, without limitation, low-density polyethylene, high-density polyethylene, polypropylene, polystyrene and the like, and combinations thereof (see para 0037).
The hydrocarbons from the pyrolysis oil may be diesel fuel (see para 0045). Depending on the processing conditions synthetic feedstock can have characteristics similar to crude oil from petroleum sources (see para 0048).
To the pyrolysate process stream or pyrolysate product is added the antifouling agent, which reduces or prevents foulant formation or deposition in the pyrolysate or process equipment. The antifouling agent is an anhydride of carboxylic acids or their derivatives or maleic anhydride and alpha olefin copolymers . The carboxylic acid anhydrides include succinic anhydride, and derivatives thereof (see para 0053; 0055). The succinic anhydride compounds include succinamides (carboxylic acid and an amine), succinimides, and N-alkyl, N-alkenyl, N-aryl, and N-alkaryl succinimides (acylated nitrogen compounds) (see para 0055).
The antifouling agent is effective to reduce or prevent fouling when the antifouling agent composition is added to a synthetic pyrolysis stream or synthetic pyrolysis product in an amount corresponding to about 10 ppm to 5000 ppm by weight of the antifouling agent (see para 0059). Other additives can be added to the pyrolysis oil during processing and storage. In some embodiments, the other additives are antioxidants and neutralizers (see para 0069). The antioxidants are set forth in U.S. Provisional Application No. 63/159,266 which is now (US Patent 12,304,888) which teaches that the antioxidants are phenolic, an aromatic amine or mixtures and combinations thereof. Examples of antioxidants include phenolic antioxidants, such as hindered phenols and phenylenediamines and hydroxydiphenylamine (see patent at col. 6 and 7). Vyakaranam meets the limitations of the claims other than the differences that are set forth below.
Vyakaranam does not teach compositions wherein he states that nitrogen containing compounds are antioxidants. However, no unobviousness is seen in this difference because Vyakaranam teaches that succinamides and succinimides (acylated nitrogen compounds) may be present in the oil and if these compounds function as antioxidants in the present application one would expect that they would also perform as antioxidants in Vyakaranam. It has long been settled that a compound and it’s properties are inseparable.
Vyakaranam does not specifically teach that the pyrolysis oil may be blended with a middle distillate fuel oil. However, no unobviousness is seen in this difference because Vyakaranam teaches that the pyrolysis oil may boil in the diesel fuel range and it is well settled that it is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art.” In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980).
With respect to the storage stability of the composition, it would be reasonable to expect that Vyakaranam would meet this limitation because he uses the same components as those set forth in the present claims.
Vyakaranam does not specifically teach that the acylated nitrogen compound is the reaction product of a polyisobutene-substituted succinic acid or succinic anhydride and a polyethylene polyamine. However, Blackborow meets this limitation.
Blackborow teaches a fuel composition (a hydrocarbon boiling in the diesel range) comprising a polyisobutene succinimide (see abstract; col. 4, lines 57-59). The PIB succinimides are prepared by the reaction of a PIB-substituted succinic acylating agent, (succinic anhydride) with an amine such as a polyethylene polyamine (see col. 1, lines 39-43; col. 4, lines 40-44).
It would have been obvious to one of ordinary skill in the art to have used PIB succinimides prepared by the reaction of a PIB-substituted succinic acylating agent, (succinic anhydride) with an amine such as a polyethylene polyamine as the stabilizing additive because Vyakaranam desires succinimides and teaches that these compounds reduce or prevent foulant formation or deposition in the pyrolysate or process equipment and Blackborow teaches that the specific compounds of the present claims inhibit the formation and facilitate the removal of deposits (see col. 1, lines 5-43).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
The declaration under 37 CFR 1.132 has been considered as well as Applicant’s arguments. However the declaration and the arguments are not persuasive.
The showings are not commensurate in scope with the claims. The claims are directed to one or more acylated nitrogen compounds. This acylated nitrogen compounds terminology reads on far more compounds that the exemplified “PIBSI A”. Applicant sets forth in the specification that the compounds are prepared from hydrocarbyl substituents of at least 8 carbon atoms, a primary or secondary amine group and the acylating agent may be a mono- or polycarboxylic acid or reactive equivalent. The examiner cannot ascertain if unexpected results are obtained with an example to just one compound out of possible hundreds.
Applicant argues that Vyakaranam does not disclose nitrogen-containing antioxidants, let alone the use of nitrogen containing antioxidants comprising one or more acylated nitrogen compounds.
Vyakaranam teaches at paragraph [0069] that antioxidants can be added to the pyrolysis oil. Vyakaranam states that examples of the antioxidants are reported in U.S. Provisional Application No. 63/159,266. This provisional application states that aromatic diamine antioxidants may be used and that a preferred diamine antioxidant is a phenylenediamine. While Vyakaranam teaches using acylated nitrogen compounds as antifoulants for the pyrolysis oil, it is clear that the pyrolysis oil may contain what Applicant is calling a nitrogen containing antioxidant.
Applicant argues that Blackborow is not directed to stabilization of pyrolysis oil and that Blackborow is directed to a different field of endeavor than Vyakaranam. Applicant argues that a skilled person would not be led to Blackborow to solve stabilization of pyrolysis oil.
Vyakaranam teaches that plastics are converted to hydrocarbon fuels (para 0038) and that the pyrolysis process produces fuels that boil in the gasoline or diesel fuel range (para 0045). Vyakaranam teaches using acylated nitrogen compounds such as succinimides (para 0055). Thus one skilled in the art would look to Blackborow for he teaches that the acylated nitrogen compound is a reaction product of a PIBSA and a polyethylene polyamine and this reaction would produce Vyakaranam’s desired succinimides (which are acylated nitrogen compounds). Vyakaranam teaches that these compounds reduce or prevent foulant formation or deposition in the pyrolysate. Blackborow teaches that these specific compounds inhibit the formation and facilitate the removal of deposits as well.
Applicant argues that Blackborow only shows deposit reduction in mineral gasoline and not pyrolysis oil.
Blackborow is directed to liquid hydrocarbon fuel. As to the liquid hydrocarbon fuel, it may boil in either the gasoline boiling range or the diesel boiling range. Vyakaranam teaches pyrolysis oils produce fuels that boil in either of these boiling ranges.
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art fails to teach or suggest a composition comprising a pyrolysis oil and the reaction product of one or more fatty acids having 10 to 36 carbon atoms and a polyethylene polyamine having from 2 to 8 nitrogen atoms.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CEPHIA D TOOMER/Primary Examiner, Art Unit 1771 18849862/20260315