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.
Claims 11 and 15 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.
Regarding claims 11 and 15 it is unclear what the percent vol of the HEFA is supposed to be relative to. It could be interpreted as 60% of the volume of the gasoil, or 60% or the total volume of the biofuel. The biofuel can have other components.
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.
Claim(s) 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linck et al (US 2016/0312125 A1)
Linck teaches a process for making a biofuel gasoil (gasoil being the same as diesel). See abstract.
The process involves hydropyrolysis followed by hydroconversion of a solid biomass followed by hydroprocessing to make a gasoil, see p 24.
The starting mass includes those with lignocellulose, see p 28.
The hydropyrolysis generates water, hydrogen, CO2 and C1-3 gases (p 26) with a catalyst to deoxygenate the material. This is followed by hydroconversion. The hydroconversion may be Fisher-Tropsch, see p 68. This covers the claim limitations of condensing a vapor phase product with the gases listed in claim 1.
The cetane number of the gasoil may be directed by choosing the starting ingredients. This includes cetane numbers as low as 41, see p 64. The gasoil may also be separated into different cetane levels for different purposes and used as a fraction, see p 63. As such specific cuts for specific uses (see below) would include those with a cetane index of less than 46. Regarding the boiling point, the gasoil may be separated by boiling points (see above) as such using any single cut (to produce an intended type of fuel with a specific specification) with a boiling point of greater than 145 C is taught. For more on the specific uses of the total blended product please see below.
In a case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1946), and MPEP 2144.05.
This gasoil may be blended with other fuels known in the art (p 64 top portion) or may be blended with another hydroprocessed material (named co-feed below).
This co-feed may start with ester and fatty acid/triglyceride containing starting material. This includes plant seed/oils (p 33 and 34 and 45) and other related material. This is then hydroprocessed. (p 50). This is the HEFA of claim 1. This feed may undergo hydroisomerization, see p 60.
The amount of the gasoil relative to the amount of the HEFA is not specifically stated. The cetane number of the total blended fuel is not specifically stated.
The total blended biofuel may be used in a wide variety of applications, including specifically targeted different forms of diesel. See p 64. Each part of each total blended fuel is targeted to meet specific gasoline specifications, see p 48 at the end. These uses include normal gasoline, diesel, biodiesel and jet fuel, see p 27. The majority of these applications must have a cetane number above 46, as such an obvious variant of the invention would include a cetane number above 46.
In a similar manner the two fuels may be blended together in any and multiple different ratios to meet specific specifications for specific applications. As such the gasoil may be present in an amount less than the HEFA.
Conclusion
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/ Supervisory Patent Examiner, Art Unit 1771
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