DETAILED ACTION
This is the initial Office action for application SN 18/867,425 having an effective date of 19 November 2024 and a Foreign priority date of 19 May 2022 (United Kingdom). A preliminary amendment was filed on 19 November 2024. Claims 1-6, 8-11 and 16-25 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 .
It is requested that applicant submit an English language translation for Polish patent document PL 208 789 B1 (Ploski et al), cited on the Information Disclosure Statement of 11/25/2024, which is relevant to the examination of this 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 10 and 11 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, claim 10 recites the broad recitation “the temperature of the pyrolysis process is 300°C to 600°C”, and the claim also recites “preferably 400 to 450°” which is the narrower statement of the range/limitation.
Claim 11 has several instances of broad and narrow ranges. In line 2, claim 11 recites “the pressure of the pyrolysis process is 5 to 50 bar”, and the claim also recites “preferably 5 to 20 bar” which is the narrower statement of the range/limitation. Lines 3-4 in claim 11 recites “the temperature of the reforming process is 500°C to 700°C”, and the claim also recites “and preferably 600°C to 650°C, or 625°C to 675°C” which is the narrower statement of the range/limitation. Lines 6-7, claim 11 recites “the temperature of the steam gasification process is 400°C and 800°C”, and the claim also recites “and preferably 600°C” which is the narrower statement of the range/limitation. Lines 8-9 in claim 11 recites “the pressure of the steam gasification process is 1 to 10 bar” and the claim also recites “and preferably about 5 to 10 bar” which is the narrower 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.
Claim(s) 1-6, 8-11 and 16-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ploski et al (PL 208 789 B1).
Ploski et al [“Ploski”] disclose a process and a device for converting thermoplastic waste (includes mixtures of waste plastics) into liquid fuel. Specifically, as disclosed in Fig.1, and in [0009-0010] and in [0016-0019], Ploski discloses a system and method for processing plastic waste by pyrolysis depolymerization at a temperature of 450°C and at atmospheric pressure (1.01 bar). Ploski discloses that the effluent of the pyrolysis depolymerization undergoes condensation and the liquid (pyrolysis liquid) is hydrogenated. Ploski discloses that the gas passes to a steam reforming unit to produce hydrogen. Plotski discloses that the hydrogen produced is used in the hydrogenation process of the liquid (pyrolysis liquid). Thus, the examiner is of the position that the method of preparing hydrogen and liquid fuel from a feedstock that comprises plastics set forth in independent claims 1 and 22 is taught by the process and device disclosed in Plotski.
Although Ploski does not disclose “fast pyrolysis”, applicant defines in the specification, page 3, that “fast pyrolysis” involves heating the plastics in a reactor in an inert atmosphere at a temperature of 300°C to 600°C.
Although Plotski does not disclose that the pyrolysis gas comprises one of more of methane, ethane, ethene, ethylene, propene, propylene, hydrogen, carbon monoxide and carbon dioxide, Plotski does disclose hydrogen, and the examiner is of the position that the pyrolysis gas certainly comprises one or more of the additional gases set forth above.
The examiner is of the position that the remaining dependent claims are considered to be straightforward alternatives and/or falling within routine experimentation and are not seen to patentably distinguish over Plotski since no unobvious effect has been demonstrated by the claim limitations.
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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/ELLEN M MCAVOY/ Primary Examiner, Art Unit 1771
EMcAvoy
July 23, 2026
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