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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US 2017/0002279A1)
In regard to claim 1, Brown recites fuel production from FCC (i.e., fluid catalytic cracking) (title). The method comprises hydrocarbonaceous compositions provided on FCC processing of feeds, hydrotreatment of products from FCC processing and combinations [0005]. The process is directed to upgrading catalytic slurry oil to form naphtha boiling range and/or distillate boiling range and/or residual fuel products [0029].
The hydrocarbon feed comprises the catalytic slurry oil at about 25% to about 99% or 100% [0035]. The catalytic slurry oil has a T10 distillation point of at least 343℃, or at least 371℃ [0048]. The T90 distillation point is 566℃ or greater [0049]. The midpoint between T90 and T10 is T50 which is calculated to have distillation point of 454℃ or greater using linear regression analysis (i.e., halfway between 343℃ and 566℃) and which provides the third feedstock of the claim.
The feed can further comprise a feedstock (or feedstock compounds) for low temperature system, wherein the feed has a hydrogen content of at least about 12% or at least about 13.8% or at least about 14 wt. % up to about 16%, and can be present in the composition at amounts of about 15% or less, such as from about 0 to 15% or from 0.1 to about 8% by weight and which provides the second feedstock of the claim [0055 – 0057].
The feedstock can also comprise biooil such as pyrolysis oil (i.e., biomass oil) as an optional remainder ingredient and thus would be present in optional amounts of from 0 to likely not greater than 50%, which would be obvious, and which provides the biomass oil of the claim [0061 – 0063]. The oils are hydroprocessed and mixed with a catalyst prior to undergoing fluid catalytic cracking (FCC) to form the cracked fuel effluent of naphtha boing range [0065 – 0074].
In regard to claims 2 – 4, Brown teaches the composition having the components in amounts overlapping the claimed ranges.
In regard to claim 5, Brown teaches feedstock that can have a hydrogen content of 12% or higher as previously stated, and which overlaps the claimed range. Having combinations of feedstock having hydrogen content of 12% or more with those having hydrogen content of 14% or more would be obvious, as they are useful for the same purpose.
In regard to claim 6, Brown teaches the FCC feed can have substantially no aromatic content and thus allows for the co-feedstock useful for low temperature system to provide the claimed limitation [0059].
In regard to claims 7, 9, 10, Brown teaches the composition having the claimed limitations as previously discussed.
In regard to claim 8, Brown teaches the co-feedstock for the low temperature processing can comprise a naphtha fraction [0130].
Conclusion
Please provide English abstract of the crossed-out NPL references from the IDS.
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771
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