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 1-7 are pending. This is the first office action on the merits.
Claim Interpretation
The instant specification states (see para. [0079]): “the term Thermal Olefination refers to the conversion of alkanes to olefins in relation to controllable variables including the Feedstream composition, temperature, pressure and space velocity … [and] does not comprise the use of either catalytic or steam cracking” (emphasis added). Therefore, the claimed “thermal olefination reactor” is interpreted to operate without a cracking catalyst or steam.
Double Patenting
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 1-7 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-7 of prior U.S. Patent No. 12,195,416 B2. This is a statutory double patenting rejection.
Citation of Pertinent Prior Art
Yao et al. (US 9,731,270 B2, cited in IDS dated 01/14/2025) teaches a process comprising:
(a) passing an ethane stream (158 in Fig. 3) through a thermal activation unit (160; corresponding to the claimed thermal olefination reactor), the thermal activation unit operating without a catalyst and without steam and converting ethane to an activation effluent (162) comprising ethylene and propylene (col. 5, line 67-col. 6, line 3; col. 8, lines 40-53);
(b) passing at least a portion (166 in Fig. 3) of the activation effluent to a conversion unit (170) containing a zeolite catalyst, where olefins are subjected to cracking, oligomerization, and cyclization to produce a conversion product (172) comprising methane, C2-4 alkanes and fuel products (col. 8, lines 53-67; col. 10, lines 21-24; col. 11, lines 27-29; TABLE 1 ); and
(c) separating and passing a recycle stream (180 in Fig. 3) comprising C1-C3 alkanes from the conversion product back through the thermal activation (160) (col. 9, lines 2-7). Yao further teaches obtaining a C4-C15 hydrocarbon stream from an oligomerization product stream and using said stream as gasoline and diesel fuels (col. 8, lines 62-65).
However, Yao fails to teach or reasonably suggest a step of recovering C5 alkanes from the oligomerization step and recycling the recovered C5 alkanes to the thermal olefination reactor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason Y Chong whose telephone number is (571)431-0694. The examiner can normally be reached Monday-Friday 9:00am-5:30pm.
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/JASON Y CHONG/Examiner, Art Unit 1772
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