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 .
Status of Claims
Claims 1-20, filed on 10/31/2024, are under consideration. Claims 1, 15 and 17 are independent.
Double Patenting
Claim 1-20 of this application is patentably indistinct from claim 1-20 of Application No. 18/791,423. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
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.
Claims 1-20 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-20 of copending Application No. 18/791,423 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: a search of pertinent prior art did not locate a teaching or suggestion for process that hydrotreats bio-renewable feedstock, separating in hot separator a hot separated vapor and hot separated liquid, and hydroisomerizing both the hot separated liquid and vapor. The instant invention addresses the hydroisomerization of n-C16 in vapor fraction to enhance the biofuel/kerosene (Specification at [0009]).
The treatment of bio-renewable feeds by hydrotreating, hot separation of hydrotreated effluent, and hydroisomerization of the liquid hot separated fraction are disclosed by US 2019/0264114, US 2020/0277531, US 2021/0060516, and US 2023/0250347. However, no reference was located to suggest the claimed hydroisomerization of the hot separated liquid and vapor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALI Z FADHEL whose telephone number is (571)270-0267. The examiner can normally be reached M-F 9am-6pm PST.
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/ALI Z FADHEL/Primary Examiner, Art Unit 1772
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