Notice of Pre-AIA or AIA Status
Claim Interpretation
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The examiner recognizes the use of the means for claim limitations for claims 46-51.
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.
The term “enriched” in claim 37 part vii is a relative term which renders the claim indefinite. The term “enriched” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The applies to all dependent claims 38-51.
For claim 41, the term “non-condensable gas fraction” lacks antecedent basis. The term is also not defined in the specification and is indefinite. All gases may be condensed (made to take up less space).
Claim 42 is indefinite. An effluent is usually defined as a waste product. The solid char is 100% of a waste product as it is not used in the specification.
Allowable Subject Matter
There is no allowable subject matter due to 112 rejections. Below is analysis of the closest prior art, what is taught and not taught.
WO 00/53385 teaches the use of a rotary kiln with a plurality of sequential heating zones for pyrolysis with overlapping the temperature required of claim 1. The feed is tires and thus is not at least 80% polyolefin monomers and is not melted to form a molten polymer feed prior to being passed to the rotary kiln. This was not combined with any of the below prior art as the feed is different in composition and state (still solid), The intended hydrocarbons produced are different in nature as well.
Allegro et al (US 2022/0010211 A1) using a polymer feed that is 100% polyolefins. This is melted and fed to a pyrolysis zone. Subsequent hydrogenation and hydrocracking zones may be present. No use of a rotary kiln or a rotary kiln with multiple heating zones is taught. End products that include both naphtha and diesel are not taught.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK C CAMPANELL whose telephone number is (571)270-3165. The examiner can normally be reached Monday-Friday 9:00-5:00.
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771
