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 § 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) 1,3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ookubo et al US 2010/0107477 in view of Okada et al CA 1,273,201 (see IDS).
In Re 1, Ookubo teaches
An additive composition for fuel for a common rail diesel engine (paras 1-2), comprising the following component (a) to component (c):
(a) a compound represented by the formula (1): (see Okada formula 1 para 19)
wherein
R1 is an alkenyl group having 12 to 22 carbon atoms (para 19 “R.sup.1 represents an alkyl group with a carbon number from 8 to 25”),
R2 and R3 are each independently an alkylene group having 2 to 4 carbon atoms (para 19 “each of A.sup.1 and A.sup.2 is an alkylene group with a carbon number from 2 to 4”),
m1 and m2 are each independently an integer of 1 to 10 (para 19 “k and l respectively represent a number from 1 to 30”),
when m1 is an integer of two or more, multiple R2s are the same as or different from each other (inherent to paras 19-20 teachings, “when A.sup.1O and/or A.sup.2O are repeated, each of A.sup.1 and A.sup.2 may be either the same or different alkylene group”), and
when m2 is an integer of two or more, multiple R3s are the same as or different from each other (para 19 “k and l respectively represent a number from 1 to 30”),
(b) a compound represented by the formula (2):
R40-(R50)m3-R6 (Okada formula 2: R.sup.2O(A.sup.3O).sub.mH)
wherein
R4 is an alkyl group having 1 to 8 carbon atoms (para 19 “R.sup.2 is an alkyl group with a carbon number from 1 to 8”),
R5 is an alkylene group having 2 to 4 carbon atoms (“A.sup.3 is an alkylene group with a carbon number of 2 or 3”),
R6 is a hydrogen atom (“H” is hydrogen) or (optional) an alkyl group having 1 to 8 carbon atoms,
m3 is an integer of 1 to 4 (“m represents a number from 1 to 4”), and
when m3 is an integer of two or more, multiple R5s are the same as or different from each other (inherent “ when A.sup.3O is repeated, A.sup.3 may be either the same or different alkylene group”), and
(c) a compound represented by the formula (3):
(see Okada formula 3: R.sup.3O(A.sup.4O).sub.nR.sup.4)
wherein
R7 is an alkyl group having 1 to 8 carbon atoms ( para 19 “R.sup.3 and R.sup.4 is an alkyl group with a carbon number from 1 to 8”), and
R8 is an alkylene group having 2 to 5 carbon atoms (“A.sup.4 is an alkylene group with a carbon number of 2 or 3”),
and/or a (clause corresponding to formula 4 taken as optional) compound represented by the formula (4): [Chem. 4]R (4) R wherein R9 and R10 are each independently an alkyl group having 1 to 4 carbon atoms,Ril is an alkylene group having 2 to 4 carbon atoms, R12 is an alkyl group having 1 to 4 carbon atoms,m4 is an integer of 1 to 3, andwhen m4 is an integer of two or more, multiple R1s are the same as or different from each other,
wherein a content of component (a) is 2 to 85% by mass ([0064] Above component (a) is contained at 50 to 80% by weight.), a content of component (b) is 10 to 85% by mass ([0067] Above component (b) is contained at 5 to 20% by weight.), a content of component (c) is 5 to 50% by mass ([0070] Above component (c) is contained at 5 to 15% by weight.), and a total content of component (a) to component (c) (inherent to taught components by weight), each based on the whole additive composition ([0083] It is preferable that the above diesel fuel additive composition is used by being added at 0.5 to 2% by weight to diesel fuel.).
Ookubo does not teach in formula 3 a Nitrogen atom paired with a carbon atom bonded to oxygen; total content of component (a) to component (c) is 20 to 100% by. However, Okada teaches a Nitrogen atom paired with a carbon atom bonded to oxygen (formula 1 pg 1 l 29 to pg 2 l 5); total content of component (a) to component (c) is 20 to 100% by mass (pg 3 ll 25-37 inherent to taught relative components of a to b). Okada further teaches additive cleans diesel injector nozzles (abstract and table 1 teachings pgs 5-6). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention (AIA ) to modify Ookubo’s formula with Okada’s formula and relative weights to clean diesel injector nozzles.
In Re 3, Ookubo in view of Okada further teaches A method for cleaning a control valve inside an injector of a common rail diesel engine (Ookubo paras 1-5), comprising supplying a mixture of the additive composition according to claim 1 and diesel fuel to the common rail diesel engine (paras 1-5), wherein a content of the composition in the mixture is 0.5 to 5 parts by mass relative to 100 parts by mass of the diesel fuel (Ookubo para 27).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ookubo et al US 2010/0107477 in view of Okada et al CA 1,273,201 (see IDS) and Reid et al US 2016/0152910.
In Re 2, Ookubo teaches which is for a fuel for a common rail diesel engine with a fuel injection pressure (paras 1-3).
Ookubo is silent however Reid teaches fuel injection pressure of 200 MPa or more (para 254). Reid further teaches improved performance and efficiency and emissions at injection pressures above 2000 bar paras 251-254. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention (AIA ) to add Reid’s pressure to Ookubo’s engine to improve performance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure teaching fuel cleaning additives in diesel engines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL C STAUBACH whose telephone number is (571)272-3748. The examiner can normally be reached Monday - Thursday 7:00 AM to 5:00 PM. Interview Agendas can be faxed to examiner at (571)273-3748.
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/CARL C STAUBACH/Primary Examiner, Art Unit 3747
