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 .
Election/Restrictions
Applicants’ election without traverse of Group I claims in the reply filed on 6/23/2026 is acknowledged.
Claims 17-18 are cancelled as being drawn to a nonelected Group II claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/23/2026.
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.
Claims 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4-5 are indefinite because there is no antecedent basis for the phrase “said bed” as recited in claims 4-5. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hatscher et al., US Patent Application Publication No. 2009/0301301 (hereinafter referred to as Hatscher) in view of Avaullee et al., US Patent Application Publication No. 2013/0172655 (hereinafter referred to as Avaullee).
Regarding claims 1-11, Hatscher discloses carbon monoxide is removed from material streams by adsorption to an adsorption composition comprising oxides of copper, zinc and aluminum, the copper-comprising fraction of which has a degree of reduction, expressed as weight ratio of metallic copper to the sum of metallic copper and copper oxides, calculated as CuO, of at most 60% (copper-containing material as recited in claim 1) (see Abstract).
Hatscher further discloses the adsorptive process can free any material stream from contamination by carbon monoxide, including hydrocarbon streams comprising alkenes, such as, ethene and propene wherein hydrogen may also be a contaminant in the stream (light olefins, hydrogen and carbon monoxide as recited in claim 1 and ethylene as recited in claims 2-3, 6 and 12-15) (Para. [0060]-[0062]). The adsorptive process of the invention makes possible the removal of carbon monoxide from material streams. It is particularly suitable for removing carbon monoxide from material streams which generally comprise at most 1000 ppm of carbon monoxide (as recited in claims 8-10) (Para. [0064]).
The temperature to be employed in this case is generally at least 80°C. The reduction is exothermic. The amount of recirculated reducing agent must be set in such a manner that the temperature window selected is not left. The course of the activation can be followed on the basis of the temperature measured on the bed of the adsorption medium (as recited in claims 4-5) (Para. [0051]-[0052]). The samples 5 were charged with a gas mixture of 750 ppm CO in ethylene at 100°C and ambient pressure in a tubular reactor (adsorber) at a GHSV of 2300 h-1 (as recited in claim 11) (Para. [0079]).
Hatscher discloses all the limitations discussed above but does not explicitly disclose a second stream comprising oxygen being sent to a vessel containing the copper material as recited in claim 1.
Avaullee discloses a process for removing oxygenated contaminants and water from an hydrocarbon stream comprising: introducing the contaminated hydrocarbon stream in a gaseous phase in an absorption zone, contacting said hydrocarbon stream in said absorption zone at a pressure of at least 5 bars, advantageously in the range 5 to 40 bars with an alcohol capable to absorb water and oxygenated contaminants at conditions effective to produce an overhead hydrocarbon stream having a reduced oxygenated contaminants and water content and an absorbent bottoms stream comprising the alcohol, hydrocarbons and having an enhanced oxygenated contaminants and water content, sending the overhead of the absorption zone to a wash column (referred to as the high pressure water wash column) at a pressure of at least 5 bars, advantageously in the range 5 to 40 bars, essentially washed with water at conditions effective to produce an overhead hydrocarbon stream having a reduced oxygenated contaminants and an aqueous bottoms stream having an enhanced oxygenated contaminants content from an alcohol dehydration reactor (as recited in claim 1 and reads on claim 7) (see Abstract and Para. [0025]).
The outlet of dehydration reactor is initially cooled, typically in a quench tower employing water as the quench medium. In the quench tower, most of the water contained in the outlet of dehydration reactor is condensed and is removed from the bottom of the tower as a liquid water bottom stream. A part of said water bottom stream is cooled in a heat exchanger and recycled as quenching medium to the top of the quench column (as recited in claim 16) (Para. [0035]). It would have been obvious to one of ordinary skill in the art at the time of the invention to use the process streams of Avaullee in the process of Hatscher as it is combining prior art elements according to known methods to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL V VASISTH whose telephone number is (571)270-3716. The examiner can normally be reached M-F 9:00-4:30 and 7:00-10:00p.
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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.
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/VISHAL V VASISTH/Primary Examiner, Art Unit 1771
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