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 .
DETAILED ACTION
This Office action is based on the 18/875506 application originally filed December 16, 2024.
Amended claims 1-15, filed December 16, 2024, are pending and have been fully considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 18/875480 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because copending Application ‘506 requires 3 or more catalysts instead of 2, but 2 of the catalysts share a single form in the instant application making it overlapping catalysts. Applicants are reminded that those portions of the specification which provide support for the patent claims may also be examined and considered when addressing the issue of whether a claim in an application defines an obvious variation of an invention claimed in the patent. In re Vogel, 422 F. 2d 438, 164 USPQ 619, 622 (CCPA 1970).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ramamurthy et al. (US 2019/0367428) discloses in the abstract, a process for producing cumene comprising converting plastics to hydrocarbon liquid and pyrolysis gas; feeding hydrocarbon liquid to hydroprocessor to yield hydrocarbon product and first gas stream; feeding hydrocarbon product to reforming unit to produce reforming product, second gas stream, and hydrogen; separating reforming product into non-aromatics recycle stream and second aromatics stream (C6+ aromatics); recycling non-aromatics recycle stream to reforming unit; separating second aromatics stream into benzene, C7, C8, C9, C10, and C11+ aromatics; contacting C7, C9, and/or C10 aromatics with a disproportionation&transalkylation catalyst/H2 to yield benzene&xylenes; conveying C11+ aromatics to hydroprocessor; introducing pyrolysis gas, first and/or second gas stream to first separator to produce first propylene stream, first C2&C4 unsaturated stream, and saturated gas (H2 and C1-4 saturated hydrocarbons); introducing first C2&C4 unsaturated stream to metathesis reactor to produce second propylene stream; and feeding benzene, and first and/or second propylene stream to alkylation unit to produce cumene. Ramamurthy fails to teach the claimed alkene reactant being present in a reactor during the contacting of the claimed unsaturated polyethylene with the claimed catalysts undergoing metathesis and isomerization reactions.
Peters et al. (US 2011/0172475) discloses in the abstract, isobutene, isoprene, and butadiene are obtained from mixtures of C4 and/or C5 olefins by dehydrogenation. The C4 and/or C5 olefins can be obtained by dehydration of C4 and C5 alcohols, for example, renewable C4 and C5 alcohols prepared from biomass by thermochemical or fermentation processes. Isoprene or butadiene can be polymerized to form polymers such as polyisoprene, polybutadiene, synthetic rubbers such as butyl rubber, etc. in addition, butadiene can be converted to monomers such as methyl methacrylate, adipic acid, adiponitrile, 1,4-butadiene, etc. which can then be polymerized to form nylons, polyesters, polymethylmethacrylate etc. Peters fails to teach the claimed alkene reactant being present in a reactor during the contacting of the claimed unsaturated polyethylene with the claimed catalysts undergoing metathesis and isomerization reactions.
Leyshon et al. (US 2009/0043144) disclose in the abstract, a process for producing propylene and isoprene from a feed stream comprising 1-butene and isobutene. The feed stream is reacted in a catalytic distillation reactor containing an olefin isomerization catalyst to produce an overhead stream comprising 2-butene and isobutene and a bottoms stream comprising 2-butene. The overhead stream is reacted in the presence of a metathesis catalyst to produce propylene and isoamylenes. Isoprene is produced by dehydrogenation of isoamylenes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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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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/Latosha Hines/Primary Examiner, Art Unit 1771
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