DETAILED ACTION
This is the initial Office action for application SN 18/905,769 having an effective date of 3 October 2024 and a provisional priority date of 6 April 2022. Claims 1-32 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 .
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) 1-32 are rejected under 35 U.S.C. 103 as being unpatentable over Kuronen et al (US 2022/0364004).
Kuronen et al [“Kuronen”] disclose a renewable hydrocarbon composition that includes mono-branched isoparaffins, di-branched isoparaffins, tri-branched isoparaffins, multi-branches isoparaffins and n-paraffins, having carbon numbers from C8 to C30. The renewable hydrocarbon composition has high cetane number and excellent cold properties. The renewable hydrocarbon composition can be used as diesel fuel or as a diesel fuel component (Abstract).
Kuronen discloses that the renewable hydrocarbon composition has the properties of a cloud point from -25 to -40°C, a cetane number of 74 to 84, and a density at 15°C within the range of 770-790 kg/m3.
Kuronen discloses that when the renewable hydrocarbon composition is used as a diesel fuel or a diesel fuel component, the fuel is characterized by analogous distillation properties to conventional diesel. Hence, the composition begins to distill at a temperature of at least 150°C, and distillation may be completed at 350°C [0083]. Although Kuronen does not set forth an example of the renewable hydrocarbon composition in a conventional diesel fuel as a diesel fuel component, the examiner is of the position that the claimed diesel boiling range composition containing up to 75 vol% of an isoparaffinic blend component and 20 vol% to 99 vol% of a mineral distillate boiling range fraction would be obvious to a person of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DeHaan et al (US 2004/0106690) disclose a process for producing middle distillates having good cold flow properties and a high cetane number. The middle distillates are predominantly isoparaffinic, the isoparaffins being methyl, ethyl and/or propyl branched.
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
May 26, 2026
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