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 .
DETAILED ACTION
This Office action is based on the 19/100085 application originally filed January 30, 2025.
Claims 1-20, filed January 30, 2025, are pending and have been fully considered.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Boffa et al. (US 2019/0002789) hereinafter “Boffa”.
Regarding Claims 1, 8 and 15
Boffa discloses in the abstract, a lubricating oil composition comprising an oil of lubricating viscosity, and an alkylhydroxybenzoate detergent compound.
Boffa further discloses in paragraph 0102, the oil of lubricating viscosity (sometimes referred to as “base stock” or “base oil”) is the primary liquid constituent of a lubricant, into which additives and possibly other oils are blended, for example to produce a final lubricant (or lubricant composition). A base oil is useful for making concentrates as well as for making lubricating oil compositions therefrom, and may be selected from natural and synthetic lubricating oils and combinations thereof. Boffa further discloses in paragraph 0112, the oil of lubricating viscosity for use in the lubricating oil compositions of this disclosure, also referred to as a base oil, is typically present in a major amount, e.g., an amount of greater than 50 wt. %, based on the total weight of the composition.
Boffa further discloses in paragraph 0034, alkylhydroxybenzoate detergent derived from isomerized Normal Alpha Olefin (NAO). Boffa further discloses in paragraph 0035, the alkylhydroxybenzoate detergent derived from C10-C40 isomerized NAO has a TBN of from 10 to 300 mg KOH/g. Boffa discloses in paragraph 0024, Normal Alpha Olefins—The term “Normal Alpha Olefins” “refers to olefins which are straight chain, non-branched hydrocarbons with carbon-carbon double bond present in the alpha or primary position of the hydrocarbon chain. Boffa discloses in paragraph 0038, the alkylhydroxybenzoate derived from C10-C40 isomerized NAO having a TBN from 10 to 300 mg KOH/g on an oil-free basis.
Boffa discloses in paragraph 0049, the organomolybdenum compound contains at least molybdenum, carbon and hydrogen atoms, but may also contain sulfur, phosphorus, nitrogen and/or oxygen atoms. Suitable organomolybdenum compounds include molybdenum dithiocarbamates, molybdenum dithiophosphates, and various organic molybdenum complexes such as molybdenum carboxylates, molybdenum esters, molybdenum amines, molybdenum amides, which can be obtained by reacting molybdenum oxide or ammonium molybdates with fats, glycerides or fatty acids, or fatty acid derivatives (e.g., esters, amines, amides). The term “fatty” means a carbon chain having 10 to 22 carbon atoms, typically a straight carbon chain. Boffa discloses in paragraph 0050, the molybdenum amine is a molybdenum-succinimide complex. Boffa discloses in paragraph 0054, the molybdenum compounds are used in an amount that provides at least 50 ppm, by weight of molybdenum to the lubricating oil composition.
Boffa further discloses in paragraph 0060, the lubricating oil composition further comprises an antioxidant compound. In one embodiment, the antioxidant is a diphenylamine antioxidant. In another embodiment, the antioxidant is a hindered phenol antioxidant. In yet another embodiment, the antioxidant is a combination of a diphenylamine antioxidant and a hindered phenol antioxidant. Boffa discloses in paragraph 0065, antioxidants may be present at 0.01 to 5 wt. % (e.g., 0.1 to 2 wt. %) of the lubricating oil composition.
The claimed invention is anticipated by the reference because the reference teaches a composition which comprises all of the claimed components. In the alternative, no patentable distinction is seen to exist between the reference and the claimed invention absent evidence to the contrary.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
From the teachings of the references, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art at the time the invention was made, as evidenced by the references, especially in the absence of evidence to the contrary.
Regarding Claims 2, 7, 9, 14, and 16
Boffa further discloses in paragraph 0034, alkylhydroxybenzoate detergent derived from isomerized Normal Alpha Olefin (NAO). Boffa further discloses in paragraph 0035, the alkylhydroxybenzoate detergent derived from C10-C40 isomerized NAO has a TBN of from 10 to 300 mg KOH/g.
Regarding Claims 5, 12 and 19
Boffa discloses in paragraph 0049, the organomolybdenum compound contains at least molybdenum, carbon and hydrogen atoms, but may also contain sulfur, phosphorus, nitrogen and/or oxygen atoms. Suitable organomolybdenum compounds include molybdenum dithiocarbamates, molybdenum dithiophosphates, and various organic molybdenum complexes such as molybdenum carboxylates, molybdenum esters, molybdenum amines, molybdenum amides, which can be obtained by reacting molybdenum oxide or ammonium molybdates with fats, glycerides or fatty acids, or fatty acid derivatives (e.g., esters, amines, amides). The term “fatty” means a carbon chain having 10 to 22 carbon atoms, typically a straight carbon chain. Boffa discloses in paragraph 0050, the molybdenum amine is a molybdenum-succinimide complex.
Regarding Claims 6, 13 and 20
Boffa discloses in paragraph 0096, the lubricating oil compositions may also contain other conventional additives that can impart or improve any desirable property of the lubricating oil composition in which these additives are dispersed or dissolved. Any additive known to a person of ordinary skill in the art may be used in the lubricating oil compositions disclosed herein. For example, the lubricating oil compositions can be blended with antioxidants, anti-wear agents, detergents such as metal detergents, rust inhibitors, dehazing agents, demulsifying agents, metal deactivating agents, friction modifiers, pour point depressants, antifoaming agents, co-solvents, corrosion-inhibitors, ashless dispersants, multifunctional agents, dyes, extreme pressure agents and the like and mixtures thereof. A variety of the additives are known and commercially available. These additives, or their analogous compounds, can be employed for the preparation of the lubricating oil compositions of the disclosure by the usual blending procedures.
Regarding Claims 3, 10 and 17
Boffa discloses in paragraph 0077, overbased metal detergents are generally produced by carbonating a mixture of hydrocarbons, detergent acid, for example: sulfonic acid, alkylhydroxybenzoate etc., metal oxide or hydroxides (for example calcium oxide or calcium hydroxide) and promoters such as xylene, methanol and water. For example, for preparing an overbased calcium sulfonate, in carbonation, the calcium oxide or hydroxide reacts with the gaseous carbon dioxide to form calcium carbonate. The sulfonic acid is neutralized with an excess of CaO or Ca(OH)2, to form the sulfonate.
Boffa discloses in paragraph 0078, in one embodiment, the TBN of a high overbased salt may be from about 250 to about 800 on an actives basis.
Regarding Claims 4, 11 and 18
Boffa further discloses in paragraph 0034, alkylhydroxybenzoate detergent derived from isomerized Normal Alpha Olefin (NAO). Boffa further discloses in paragraph 0035, the alkylhydroxybenzoate detergent derived from C10-C40 isomerized NAO has a TBN of from 10 to 300 mg KOH/g.
Boffa discloses further in paragraph 0077, overbased metal detergents are generally produced by carbonating a mixture of hydrocarbons, detergent acid, for example: sulfonic acid, alkylhydroxybenzoate etc., metal oxide or hydroxides (for example calcium oxide or calcium hydroxide) and promoters such as xylene, methanol and water. For example, for preparing an overbased calcium sulfonate, in carbonation, the calcium oxide or hydroxide reacts with the gaseous carbon dioxide to form calcium carbonate. The sulfonic acid is neutralized with an excess of CaO or Ca(OH)2, to form the sulfonate.
Boffa discloses in paragraph 0078, in one embodiment, the TBN of a high overbased salt may be from about 250 to about 800 on an actives basis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boffa et al. (US 2019/0002791) discloses in the abstract, a lubricating oil composition comprising: a major amount of an oil of lubricating viscosity, and one or more detergents wherein at least one detergent is an alkylhydroxybenzoate compound.
Tanaka et al. (US 2021/0002578) discloses in the abstract, a lubricating oil composition comprising: a major amount of an oil of lubricating viscosity, and an salicylate compound derived from isomerized normal alpha olefin (NAO) having from about 10 to about 40 carbon atoms, wherein the TBN of the salicylate compound is at least 600 mg KOH/g on an actives basis, and wherein the lubricating oil composition contains from about 0.12 to about 0.17 wt. % of calcium and is substantially free of magnesium. Also provided is a method of lubricating an engine with said lubricating oil composition.
Campbell et al. (US 2009/0170737) discloses in the abstract, a carboxylate detergent prepared by the process comprising (a) alkylating a hydroxyaromatic compound with at least one normal alpha olefin having from about 12 to about 30 carbon atoms per molecule that has been isomerized to obtain an isomerized alpha olefin having 15-98 wt % branching and a residual alpha olefin content of between from about 0.1 to about 30 wt %, thereby producing an alkylated hydroxyaromatic compound; (b) neutralizing the resulting alkylated hydroxyaromatic compound with an alkali metal base; (c) carbonating the alkali metal salt from step (b) with carbon dioxide; (d) acidifying the salt produced in step (c); and (e) overbasing the resulting alkylated hydroxyaromatic carboxylic acid.
Boffa et al. (US 2019/0002786) discloses in the abstract, a magnesium alkylhydroxybenzoate detergent and a lubricating oil composition comprising said detergent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Latosha Hines/Primary Examiner, Art Unit 1771
Prosecution Insights