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 .
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.
Claim(s) 1-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kung et al (US 4777319).
Kung teaches a method of oxidative dehydrogenation of alkanes to alkenes. See title, abstract. The alkanes have 3-6 carbons, with butane being preferred. See column 4 lines 13-27. This is the entirety of the feedstock.
The method makes contact with a magnesium vanadate catalyst (column 2) with an oxidizing gas. This includes oxygen air, nitrogen, helium and others, see column 4 bottom half. The reaction oxidizes the catalyst.
The catalyst has a surface area of above 28 m2/g, see table 1 column 6.
No Sc, Ti Zn or Zn oxides are necessary for use, the catalyst can be 100 of the vanadate.
The process takes place at 300C to 700C, See column 4 lines 3-13.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kung et al (US 4777319) and Delorme et al (US 5510553).
To see what kung teaches please see above. Kung does not teach catalyst regeneration to reoxidize the catalyst.
Delorme teaches catalytic dehydrogenation of hydrocarbons (abstract, title) using a vanadate catalyst. See column 2 lines 50-70. This is regenerated/ reoxidized in a second vessel to be used again as a catalyst in a first vessel. See column 3 lines 58 to column 4 lines 7.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process of Kung to regenerate the catalyst as taught in Delorme. This has the advantage of regenerating the catalyst for reuse.
Conclusion
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771
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