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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 3 and 7 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.
Claim 3 is rejected because it does not appear to be a complete sentence.
Claim 7 is rejected because it contains two “4-ethylpentanoic acid” compounds.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-5 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pourreau (US 20200102516-appears on the PTO-1449).
Pourreau teaches an aviation gasoline composition having: from about 70 vol % to about 80 vol % isooctane; from about 5 vol % to about 9 vol % isopentane; from about 10 vol % to about 20 vol % of one or more dialkyl ether; from about 1 vol % to about 5 vol % of one or more alcohol, from about 0.02 vol % to about 0.07 vol % of one or more octane enhancer such as methylcyclopentadienyl manganese tricarbonyl (MMT), and, optionally, one or more additives selected from the group consisting of: antioxidants, anti-icing agents, antistatic additives, corrosion inhibitors, dyes, lubricants, and mixtures thereof, wherein the aviation gasoline has a motor octane number of at least 99.6, or at least 100.5 (see abstract; para 0013-0014; 0029). Pourreau teaches that the dialkyl ethers maybe ethyl-tert-butyl ether or methyl-tert-butyl ether (see para 0019-0020).
The octane booster MMT is present in a concentration of from about 0 to about 0.15 g/gal of aviation gasoline (up to about 39.6 mg/l) (see para 0025). Composition F of Pourreau teaches an aviation gasoline comprising: from about 45 vol % to about 80 vol % isooctane; from about 10 vol % to about 45 vol % ethyl-tert-butyl-ether; from about 0 vol % to about 15 vol % methyl-tert-butyl-ether; from about 0 vol % to about 40 vol % of one or more monocyclic aromatic compounds; and from about 0 vol % to about 5 vol % of one or more alcohols (methanol), wherein the aviation gasoline has a MON of at least 99.6 (see para 0067; 0071). Pourreau meets the limitations of the claims other than the differences that are set forth below.
Pourreau does not specifically teach about 81 vol% isooctane. However, Pourreau does teach about 80 vol% of isooctane. The term “about” is a term that is used to broaden a range. Thus, Pourreau would read on the claimed range of about 81 vol%. In the absence of unexpected results the about 81 vol% of isooctane does not establish patentability because it is too close to the disclosed about 80 vol %.
With respect to the claimed 1.8-3.2% total oxygen, it would be reasonable to expect that Pourreau would meet this limitation because he teaches the same oxygen compounds, i.e., ethers and alcohols, and proportions as those set forth in the present composition.
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Pourreau (US 2020102516) as applied to the claims above, and further in view of Johnston (US 4,690,687-appears on the PTO-892).
Pourreau has been discussed above. Pourreau does not specifically teach the use of a valve seat recession additive. However, Johnston teaches this difference.
Johnston teaches a gasoline composition comprising sodium salts of carboxylic acids (see col. 2, lines 14-29). Johnston teaches that the prior art has discovered that the amount of sodium additive in the fuel is an amount to provide 2.86g/1000 liters to 1lb/1000 bbl of sodium (see col. 2, lines 39-42; col. 4, lines 45-61)). The fuel may be aviation gasoline (see col. 4, lines 34-35). A particular salt may be that of 2-ethylhexanoic acid (see col. 6, lines 34-41 and 52). The amount of the sodium salt is generally less than 0.1 g of the sodium salt per liter of fuel (see col. 29, lines 38-47; 62-64).
It would have been obvious to one of ordinary skill in the art to include a valve seat recession additive because Johnston teaches that these additives reduce deposit formation within engine cylinders and prevent or minimize valve seat recession in the engine.
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Pourreau U(S 20200102516) as applied to the claims above, and further in view of Eckert (US 3,541,723-appears on PTO-892).
Pourreau has been discussed above. Pourreau does not specifically teach the addition of an alkanoic acid. However, Eckert teaches this difference. Eckert teaches a gasoline composition comprising at least 0.1 vol % of the fuel (see col. 1, lines 50-55; col. 3, lines 56-60). Eckert uses 2-ethylhexanoic acid (see col. 1, line 63 through col. 2, lines 1-17; col. 2, line 64 through col. 3, line1, 36-37). Tables I-VII exemplify gasoline containing 2-ethylhexanoic acid.
It would have been obvious to one of ordinary skill in the art to have included an alkanoic acid in the gasoline composition because Pourreau teaches using octane enhancers and Eckert teaches that alkanoic acids are non-metallic octane enhancers. The use of these enhancers would allow for the presence of fewer metals in the fuel.
The prior art made of record and not relied upon is cited for teaching the general state of the art and is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEPHIA D TOOMER whose telephone number is (571)272-1126. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6368. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CEPHIA D TOOMER/Primary Examiner, Art Unit 1771 19051414/20260123