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 § 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.
Claim 1 is 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 1 is indefinite because the claim describes “bringing into contact a hydrocarbon mixture comprising at least the reactant olefins to be isomerized and product olefins . . . .”. However, the product olefins are never brought into contact with the olefins according to the specification as originally filed. 1-butene is in contact with the catalyst to produce 2-butene, the two compounds are never mixed or reacted. Appropriate correction is required.
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kramer et al., US Patent Application Publication No. 2020/0290940 (hereinafter referred to as Kramer) in view of Gartner et al., EP Publication No. EP3822244 A1 (hereinafter referred to as Gartner).
Regarding claims 1-14, Kramer discloses an isomerization method and a composition comprising:
a) subjecting a feedstream comprising C4 to C24 alpha olefins into a reactor comprising a catalyst and converting the feed to an effluent comprising internal olefins (see Abstract and Para. [0020]); and
b) The catalyst consists of silica and alumina with a silica/alumina molar ratio of less than or equal to about 100 (see Abstract and Para. [0009]).
Kramer does not explicitly disclose the heterogenous catalyst being an X-ray amorphous catalyst as recited in claim 1.
Gartner discloses a method for isomerization of olefins (see Title) comprising isomerizing C4 to C9 olefins using Aerosil® MOX170, approx. 1% by weight of aluminum oxide, BET surface area between 140 and 200 m2/g, and amorphous were introduced into a tubular reactor with a diameter of 0.6 mm. The reactor was charged with crude butane with the following composition; 1-butene, cis-2-butene, trans-2-butene, isobutene, n-butane, and iso-butane wherein the isomerization takes place at a temperature between 20°C and 450 °C, the gas hourly space velocity (GHSV) can be from 2,000 to 8,000 h-1. The selectivity of the isomerization according to the invention with respect to the product olefin is preferably greater than 80%, more preferably greater than 82% and particularly preferably greater than 85% and includes aggregated primary particles, wherein the hydrocarbon mixture can be subjected to a separation stage in which 1-butene and 2-butene are separated from each other by distillation under pressure. (Para. [0010]-[0015] and [0030]-[0034]).
Gartner further discloses that for shaping, 1 to 20 wt.% of the silicon-aluminum mixed oxide composition is first mixed with one of the aforementioned binders and additionally with temporary additives, such as water, aqueous solutions, water substitutes such as glycols or polyglycols, and optionally further additives, such as fixatives, for example cellulose ethers, and/or plasticizing agents, for example polysaccharides, and/or pressing aids, for example non-ionic wax dispersions (Para. [0020]-[0021]). It would have been obvious to one of ordinary skill in the art at the time of the invention to use the catalyst of Gartner in the process of Kramer in order to enhance the product selectivity in isomerization processes (Para. [0007] of Gartner).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL V VASISTH whose telephone number is (571)270-3716. The examiner can normally be reached M-F 9:00-4:30 and 7:00-10:00p.
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/VISHAL V VASISTH/Primary Examiner, Art Unit 1771
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