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 .
Office Action Summary
This is the initial Office action for application 18/878711 filed 12/24/2024.
Claims 1-9 and 13-16 are currently pending and have been fully considered.
Claims 10-12 have been cancelled.
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) 1-9 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over MALFER et al. (U.S. 6048373) in view of SISKIN (U.S. 5752990).
MALFER et al. teach fuel compositions containing polybutenes.
Regarding claim 1, the fuel composition is taught in lines 18-35 of column 5 to comprise a spark ignition fuel that includes gasoline.
The polybutenes are taught in lines 55-67 of column 1 to comprise molecular weights between about 500 to about 2000.
The polybutenes are further taught in lines 55-67 of column 1, and lines 1-12 of column 2, to be obtained from methods to produce high reactivity polybutenes. High reactivity polybutenes are taught to comprise greater than 30% having a terminal vinylidene group.
SISKIN is relied on to teach the amount of polybutenes usable in a composition with gasoline.
SISKIN teaches that polymer detergents may be added to spark ignition internal combustion engine employing a liquid hydrocarbon fuel.
SISKIN teaches in lines 20-30 of column 5 that in addition to the polymer detergents, unfunctionalized polymers such as polybutene and polyisobutylene with a MW 800-2000 may be employed. The unfunctionalized polymers are added in concentrations of at least 1000 ppm or at least 5000 ppm.
It would be obvious to one of ordinary skill in the art to use the polybutenes in MALFER et al. in amounts taught to be usable in SISKIN for a liquid hydrocarbon fuel for a spark ignition combustion engine.
The amounts that are taught in SISKIN is taught in lines 35-65 of column 4, and lines 1-27 of column 1, to be directed toward reducing combustion chamber deposits, intake valve deposits, and control of octane requirement increase.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 2-3, the polybutenes are further taught in lines 55-67 of column 1, and lines 1-12 of column 2, to be obtained from methods to produce high reactivity polybutenes. High reactivity polybutenes are taught to comprise greater than 30% having a terminal vinylidene group.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 4-6, the polybutenes are taught in lines 55-67 of column 1 to comprise molecular weights between about 500 to about 2000.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 7-8, SISKIN teaches in lines 20-30 of column 5 that in addition to the polymer detergents, unfunctionalized polymers such as polybutene and polyisobutylene with a MW 800-2000 may be employed. The unfunctionalized polymers are added in concentrations of at least 1000 ppm or at least 5000 ppm.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 9, the polybutene is taught in lines 1-12 of column 2, to be preferably polyisobutene (polyisobutylene).
Regarding claims 13-14, MALFER et al. teach in lines 45-51 of column 1 that the fuel composition is directed toward controlling intake valves and minimizing valve sticking in ignition internal combustion engines. MALFER et al. further teach in lines 3-11 of column 5 that the fuel composition may include other additives and be directed toward a variety of improvements in the fuel composition.
The amounts that are taught in SISKIN is taught in lines 35-65 of column 4, and lines 1-27 of column 1, to be directed toward reducing combustion chamber deposits, intake valve deposits, and control of octane requirement increase.
Furthermore, MALFER et al. in view of SISKIN teaches a process that is substantially similar to what is claimed and that the process would also impart increased power output and reduced burn duration.
Regarding claims 15-16, MALFER et al. teach in lines 55-67 of column 1, and lines 1-12 of column 2, high reactivity polybutenes. High reactivity polybutenes are taught to comprise greater than 30% having a terminal vinylidene group.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WETTLING (USPGPUB 20160145362) teaches high-reactivity polyisobutylene with a high content of vinylidene double bonds in the side chains.
BREWER (USPGPUB 20140173972) teaches fuel compositions comprising a gasoline and one or more organic sunscreen compounds.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MING CHEUNG PO whose telephone number is (571)270-5552. The examiner can normally be reached M-F 10-6.
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/MING CHEUNG PO/Examiner, Art Unit 1771
/ELLEN M MCAVOY/Primary Examiner, Art Unit 1771
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