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 18895632 filed 09/25/2024.
Claims 1-35 have been cancelled.
Claim 36 is currently pending and have been fully considered.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 36 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12129427. This is a statutory double patenting rejection.
Both claims are directed toward a hydrate inhibitor composition comprising
(A) from 5 to 95 weight-% of an amphiphile having a hydrophobic tail, R5, linked to a hydrophilic head group, —N(R1)(R2) or —[N(R1)(R2)(R3)]+X−, by a linking moiety, L, the amphiphile having the general formula (1)
[R5-L-N(R1)(R2)(R3)]+X− (1)
wherein
each of R1 and R2 is independently an alkyl group having from 1 to 5 carbon atoms; or the nitrogen atom and the R1 and R2 groups together form a substituted or unsubstituted heterocyclic group;
R3 is optionally present; when present, R3 is hydrogen or an alkyl group having from 1 to 8 carbon atoms which optionally bears a hydroxy group or a carboxy group at the 2-position;
L has the one of formulae (2), (3), (4), (5), (6), (7a), (8a), (8b), (9), (10a), (10b), (11), (12a) and (12b):
—C(═O)—N(R6)—(CH2)t— (2)
—N(R7)—C(═O)—(CH2)t— (3)
—N(R7)—(CH2)2—C(═O)—NH—(CH2)t— (4)
—N(R7)—C(═O)—(CH2)2—N(R6)—(CH2)t— (5)
—CH(OH)—CH2—N(R6)—(CH2)t— (6)
—CH(COOH)—CH2—C(═O)—N(R6)—(CH2)t— (7a)
PNG
media_image1.png
290
826
media_image1.png
Greyscale
—CH(COOH)—CH2—C(═O)—[O—(CH2)t]v— (8a)
—CH(CH2—COOH)—C(═O)—[O—(CH2)t]v— (8b)
—N(R7)—C(═O)—(CH2)2—C(═O)—N(R6)—(CH2)t— (9)
—N(R7)—C(═O)—CH2—CH(OH)—C(═O)—N(R6)—(CH2)t— (10a)
—N(R7)—C(═O)—CH(OH)—CH2—C(═O)—N(R6)—(CH2)t— (10b)
—N(R7)—C(═O)—CH(OH)—CH(OH)—C(═O)—N(R6)—(CH2)t— (11)
—N(R7)—C(═O)—C(OH)(CH2COOH)—CH2—C(═O)—N(R6)—(CH2)t— (12a)
—N(R7)—C(═O)—CH2—C(OH)(CH2COOH)—C(═O)—N(R6)—(CH2)t— (12b),
wherein
t is 2, 3 or 4;
v is an integer between 1 and 10;
R6 is hydrogen or an alkyl group having from 1 to 5 carbon atoms; and
R7 is hydrogen or an organic moiety having from 1 to 20 carbon atoms;
R5 is a hydrocarbyl group having from 8 to 22 carbon atoms; and
X− is present as an anion when R3 is present; and
(B) from 5 to 95 weight-% of a cationic surfactant selected from di(C8-C18 alkyl)dimethyl ammonium salts.
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) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over PANCHALINGAM (USPGPUB 2005/0081432) in view of POU et al. (USPGPUB 2018/0340127).
PANCHALINGAM teaches a composition for inhibiting hydrate blockage.
PANCHALINGAM teaches the composition comprises at least one amide compound and may be mixed with another compound including quaternary ammonium salts.
The amide compound is taught in paragraphs 14-17.
The amide compound is taught to comprise the formula of:
PNG
media_image2.png
218
504
media_image2.png
Greyscale
where: R1, R2, R4, and R5 are organic moieties; R1 is an alkyl having from 4 to 5 carbon atoms; R2 is hydrogen or an alkyl having from 1 to 4 carbon atoms; R4 is selected from —(CH2)t-, —[CH2—CHR6)t]-, —(CH2—CHR6O)u—(CH2)t— and combinations thereof; wherein t is an integer 2 to 4, u is 0 or an integer (1 or greater) and R6 is hydrogen or an alkyl having from 1 to 3 carbon atoms; R5 is an organic moiety, for example an alkyl or alkenyl group, having 4 to 20 carbon atoms; A is N or P; X− is an anion; and a is 0 or 1. When a is 0, then R3 is selected from —[(CH2)(CHR6)b(C═O)]c—O−, —[(CH2CH2)—(SO2)]—O−, —[(CH2CH(OH)CH2)—(SO2)]—-O−, —[(CH2)n —(C═S)]—S− and combinations thereof, wherein b is 0 or 1, c is 0 or 1, and R6 is selected from hydrogen and methyl. When a is 1, then R3 is selected from hydrogen, organic moieties having from 1 to 20 carbon atoms, and combinations thereof. Preferably, R3 is the same as the group containing the amide functionality.
The X− anion is preferably selected from hydroxide, carboxylate, halide, sulphate, organic sulphonate, and combinations thereof. Suitable halide ions include, without limitation, bromide, chloride, and combinations thereof.
The amide compound in PANCHALINGAM meet the current limitation of L as (2): -C(=O)-N(R6)-(CH2)t.
R5 of the current limitation in PANCHALINGAM is R5.
R6 of the current limitation in PANCHALINGAM is H.
R4 of the current limitation in PANCHALINGAM may be –(CH2)t-
t in PANCHALINGAM =2.
N(R1)(R2)(R3) of the current limitation in PANCHALINGAM is A(R1)(R2)(R3) A in PANCHALINGAM may be N.
R1 in PANCHALINGAM is an alkyl having from 4 to 5 carbon atoms; R2 in PANCHALINGAM is hydrogen or an alkyl having from 1 to 4 carbon atoms; R3 in PANCHALINGAM is -(CH2)n with n being 2 or 3.
The formula that is taught in PANCHALINGAM overlap that of the current claim.
POU et al. teach in paragraph 86 that other additives that may be added to include cationic surfactants. Specifically mentioned Is quaternary alkyldimethylbenzylammonium salts, and quaternary dialkyldimethylammonium salts in which alkyl denotes a hydrocarbon based fatty acid chain (typically 8 to 30 carbon atoms).
PANCHALINGAM teach in paragraph 29 an example in which dimethyldihexadecylammonium bromide is used alone.
PANCHALINGAM teach in table 3 that with dimethyldihexadecylammonium bromide alone resulted in complete hydrate blockage.
It would be obvious to one of ordinary skill in the art to use a combination of dimethyldihexadecylammonium bromide with the amide compounds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WEBBER (USPGPUB 2014/0091262) teach quaternary and cationic ammonium surfactants as corrosion inhibitors and as gaseous hydrate anti-agglomerates.
POU (USPGPUB 2018/0346790) teach composition for limiting the formation and/or agglomeration of gas hydrates by combining a salt and a nonionic surfactant and an optional additive that includes cationic surfactants.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PREM SINGH can be reached at 5712726381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MING CHEUNG PO/Examiner, Art Unit 1771
/ELLEN M MCAVOY/Primary Examiner, Art Unit 1771
Prosecution Insights