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 19/180601 application originally filed April 16, 2024; Continuation of Application 17/845285.
Amended claims 1 and 2, filed April 16, 2024, are pending and have been fully considered.
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.
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 and 2 is/are rejected under 35 U.S.C. under 35 U.S.C. 103 as obvious over Wada et al. (WO 2016/159006 A1) hereinafter cited under English Translation “Wada” in view of Hoshino et al. (US 2018/0334636) hereinafter “Hoshino”.
Regarding Claim 1
Wada discloses in the abstract, a lubricating oil composition.
Wada discloses on page 3, in the lubricating oil composition, as a base oil, kinematic viscosity of 1.0 ~ 10 mm 2 / s at 100 ° C. The HTHS viscosity at 150 ° C of the lubricating oil composition is preferably 4.0 mPa · s or less, more preferably 3.0 mPa · s or less, still more preferably 2.7 mPa · s or less, particularly preferably. 2.5 mPa · s or less. Further, it is preferably 2.0 mPa · s or more, more preferably 2.1 mPa · s or more, further preferably 2.2 mPa · s or more, and particularly preferably 2.25 mPa · s or more. Wada further discloses on page 3, as the lubricating base oil according to the first and second embodiments, for example, a lubricating oil fraction obtained by subjecting crude oil to atmospheric distillation and / or vacuum distillation is subjected to solvent removal, solvent extraction, and hydrocracking, paraffinic mineral oil purified by one or a combination of two or more selected from purification processes such as solvent dewaxing, catalytic dewaxing, hydrorefining, sulfuric acid washing, and clay treatment, and normal paraffinic base oil and isoparaffinic base among the oils and mixtures thereof.
Wada discloses on page 4, the viscosity index of the lubricating base oil is preferably 100 or more.
Wada discloses on page 9, the content of the viscosity index improver is 0.1 to 30% by mass based on the total amount of the composition.
Wada discloses on page 6, the NOACK evaporation amount at 250 ° C of the lubricating base oil according to the second embodiment is 15% by mass or more, preferably 20% by mass or more, and more preferably 25% or more. The upper limit value of the NOACK evaporation amount at 250 ° C of the lubricating base oil according to the second embodiment is not particularly limited, but is typically 50% by mass or less, preferably 40% by mass or less.
Wada discloses on page 9, the lubricating oil composition contains 0.01 to 2.0% by mass of (B) a friction modifier based on the total amount of the composition. Thereby, fuel-saving performance can be improved. (B) The friction modifier is preferably at least one friction modifier selected from organic molybdenum compounds and ashless friction modifiers.
Wada discloses on page 10, metal detergents include alkali metal sulfonates or alkaline earth metal sulfonates, alkali metal phenates or alkaline earth metal phenates, and normal salts, basic salts or overbased salts such as alkali metal salicylates or alkaline earth metal salicylates. Etc. In the present invention, one or more alkali metal or alkaline earth metal detergents selected from the group consisting of these, particularly alkaline earth metal detergents can be preferably used. In particular, a magnesium salt and / or a calcium salt is preferable, and a calcium salt is more preferably used. Wada discloses on page 10, when these additives are contained in the lubricating oil composition, the content thereof is preferably 0.01 to 10% by mass based on the total amount of the lubricating oil composition. Wada discloses on page 11, D-2: Metal-based detergent B (overbased calcium borate salicylate, base number 190 mgKOH / g, Ca content 6.8% by mass, B content 2.7% by mass).
It is to be noted, Wada discloses overbased salts such as alkali metal salicylates or alkaline earth metal salicylates but fails to further teach the claimed amount of calcium and magnesium content of the salicylates and sulfonates.
However, Hoshino discloses in the abstract, a lubricating oil composition for an internal combustion engine.
Hoshino discloses paragraph 0065, the lubricant base oil contains (B1) a metallic detergent overbased with calcium carbonate (hereinafter may be referred to as “component (B1)”) and (B2) a metallic detergent overbased with magnesium carbonate (hereinafter may be referred to as “component (B2)”) as (B) a metallic detergent (hereinafter may be referred to as “component (B)”). Examples of the component (B) include phenate detergents, sulfonate detergents and salicylate detergents. These metallic detergents can be used alone or in combination.
Hoshino discloses in paragraph 0078, examples of the component (B1) include calcium phenate detergents, calcium sulfonate detergents, calcium salicylate detergents, and combination thereof, which are overbased with calcium carbonate. Preferably, the component (B1) contains at least a calcium salicylate detergent.
Hoshino discloses in paragraph 0079, examples of the component (B2) include magnesium phenate detergents, magnesium sulfonate detergents, magnesium salicylate detergents, and combination thereof, which are overbased with magnesium carbonate. Preferably, the component (B2) contains at least a magnesium salicylate detergent, or a magnesium sulfonate detergent.
Hoshino discloses in paragraph 0080, the content of the component (B1) in the lubricating oil composition is such that the composition has the calcium content of no more than 1500 mass ppm, and preferably has 1400 to 1500 mass ppm, on the basis of the total mass of the composition. The calcium content beyond 1500 mass ppm makes LSPI easy to occur. The calcium content of no less than this lower limit makes it possible to maintain high detergency inside an engine, and to improve base number retainability.
Hoshino discloses in paragraph 0081, the content of the component (B2) in the lubricating oil composition is such that the composition has the magnesium content of no less than 300 mass ppm, and preferably has 350 to 600 mass ppm, on the basis of the total mass of the composition. The magnesium content of no less than this lower limit can improve engine detergency while suppressing LSPI. The magnesium content of no more than this upper limit can suppress increase of friction coefficients.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art that the calcium and magnesium content of Wada would encompass the calcium and magnesium content of Hoshino due to the calcium and magnesium detergents of Wada and Hoshino overlap in detergents. The motivation to use the detergents of Wada and Hoshino in a lubricating oil composition for an internal combustion engine in order to aid in the detergency and fuel efficiency in the engine.
Regarding Claim 2
Wada discloses on page 6, the NOACK evaporation amount at 250 ° C of the lubricating base oil according to the second embodiment is 15% by mass or more, preferably 20% by mass or more, and more preferably 25% or more. The upper limit value of the NOACK evaporation amount at 250 ° C of the lubricating base oil according to the second embodiment is not particularly limited, but is typically 50% by mass or less, preferably 40% by mass or less.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Uko et al. (JP 2016-180070 A) discloses in the abstract, to provide a lubricating oil composition for an internal combustion engine, which prevents deterioration in a combustion state of an ignition type internal combustion engine, a method for producing the lubricating oil composition, a spark ignition type internal combustion engine using the lubricating oil composition, and a method for lubricating the internal combustion engine. There is provided the lubricating oil composition for use in a spark ignition type internal combustion engine in which total tensile force of tensile force applied to a piston ring per piston is 100 N or less, and the lubricating oil composition contains: base oil; (A) calcium-based cleaning agent; at least one type selected from (B1) sodium-based additive and (B2) magnesium-based additive; and (C) ashless sulfur-based additive each in a predetermined content. There are also provided the method for producing the lubricating oil composition, the ignition type internal combustion engine using the lubricating oil composition spark, and the method for lubricating the internal combustion engine.
Honda et al. (US 2018/0100112) discloses in paragraphs 0014-0024, the lubricant composition is particularly a lubricant composition for internal-combustion engines, more particularly a lubricant composition for diesel engines. Further, provides a method of inhibiting the formation of compressor deposits by using the above lubricant composition in a diesel engine.
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.
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/Latosha Hines/Primary Examiner, Art Unit 1771
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