Doc Code: TRACK1 .REQ
`Document Description: TrackOne Request
`
`PTO/SB/424 (12-11)
`
`CERTIFICATION AND REQUEST FOR PRIORITIZED EXAMINATION
`UNDER 37 CFR 1.102(e) (Page 1 of 1)
`
`Cody Nath
`
`I Nonprovisional Application Number (if I
`
`known):
`
`Process For Removing Hydrocarbons And Noxious Gasses From Reactors And Media-Packed Equipment
`
`First Named
`Inventor:
`Title of
`Invention:
`
`APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS PRIORITIZED EXAMINATION FOR
`THE ABOVE-IDENTIFIED APPLICATION.
`
`1. The processing fee set forth in 37 CFR 1.17(i), the prioritized examination fee set forth in 37
`CFR 1.17(c), and if not already paid, the publication fee set forth in 37 CFR 1.18(d) have been
`filed with the request. The basic filing fee, search fee, examination fee, and any required
`excess claims and application size fees are filed with the request or have been already been
`paid.
`
`2. The application contains or is amended to contain no more than four independent claims and
`no more than thirty total claims, and no multiple dependent claims.
`
`3. The applicable box is checked below:
`
`I.
`
`!?1 Original Application (Track One) - Prioritized Examination under§ 1.102(e)(1)
`
`i.
`
`(a) The application is an original nonprovisional utility application filed under 35 U.S.C. 111 (a).
`This certification and request is being filed with the utility application via EFS-Web.
`---OR---
`(b) The application is an original nonprovisional plant application filed under 35 U.S.C. 111 (a).
`This certification and request is being filed with the plant application in paper.
`
`ii. An executed oath or declaration under 37 CFR 1.63 is filed with the application.
`
`II.
`
`[] Request for Continued Examination - Prioritized Examination under§ 1.102(e)(2)
`
`i. A request for continued examination has been filed with, or prior to, this form.
`ii.
`If the application is a utility application, this certification and request is being filed via EFS-Web.
`iii. The application is an original nonprovisional utility application filed under 35 U.S.C. 111 (a), or is
`a national stage entry under 35 U.S.C. 371.
`iv. This certification and request is being filed prior to the mailing of a first Office action responsive
`to the request for continued examination.
`v. No prior request for continued examination has been granted prioritized examination status
`under 37 CFR 1.102(e)(2).
`
`Sianature /R. Scott Reese/
`~p~~~Typed) R. Scott Reese
`
`Date 2014-07-16
`4 7 891
`'
`
`Practitioner
`Registration Number
`
`Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with
`37CFR 1.33 and 11.18. Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one
`sianature, see below*.
`
`D *Total of 1
`
`forms are submitted.
`
`Page 1 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
`the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
`furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
`U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
`patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or abandonment of the
`application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
`request involving an individual, to whom the record pertains, when the individual has requested assistance from
`the Member with respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to comply
`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
`218(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's
`responsibility to recommend improvements in records management practices and programs, under authority of
`44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing
`inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such
`disclosure shall not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U .S.C. 122(b) or issuance of a patent pursuant to 35 U .S.C. 151. Further, a
`record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record
`was filed in an application which became abandoned or in which the proceedings were terminated and which
`application is referenced by either a published application, an application open to public inspection or an issued
`patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`Page 2
`
`Page 2 of 37
`
`ULI EXHIBIT 1006
`
`

`

`CLAIMS
`
`1.
`
`A method for removing a contaminant from a process system, comprising
`
`the steps of:
`
`(i) providing a carrier gas source;
`
`(ii) providing a non-aqueous solvent source;
`
`(iii) delivering the carrier gas and the non-aqueous solvent from their respective
`
`sources to the process system; and
`
`(iv) removing said contaminant out of said system, wherein substantial amount of
`
`said contaminant is dissolved in said solvent in a vapor or liquid state as it
`
`is being removed from said system.
`
`2.
`
`The method of claim 1, wherein the process system is selected from the
`
`group consisting of a reactor, an absorbent chamber containing a molecular sieve, and a
`
`pressure vessel.
`
`3.
`
`The method of claim 1, wherein the process system comprises a reactor
`
`circuit used in a refining hydrotreating process and associated equipment.
`
`4.
`
`The method of claim 1 wherein the carrier gas is at least one member
`
`selected from the group consisting of inert gas, purchase fuel gas and hydrogen.
`
`5.
`
`The method of claim 1 wherein the carrier gas is at least one dry gas with
`
`the chemical formula CnHzn+2, wherein n is an integer greater than O but less than 6.
`
`6.
`
`7.
`
`The method of claim 1 wherein the carrier gas is hydrogen.
`
`The method of claim 6 wherein said organic contaminant comprises at
`
`least one member selected from the group consisting of crude oil and its derivatives,
`
`hydrocarbons and noxious gases.
`
`8.
`
`The method of claim 6, wherein said organic contaminant is a noxious gas,
`
`said noxious gas being at least one member selected from the group consisting of
`
`15
`
`Page 3 of 37
`
`ULI EXHIBIT 1006
`
`

`

`hydrogen sulfide, benzene, carbon monoxide, and a light end hydrocarbon, said light end
`
`hydrocarbon being capable of resulting in a positive reading when tested for the Lower
`
`Explosive Limit ( or "LEL'').
`
`9.
`
`The method of claim 1, wherein the carrier gas is circulated through the
`
`system using a compressor.
`
`10.
`
`The method of claim 1, wherein the temperature of the equipment in the
`
`system is adjusted to a range of between 225 F and 400 F prior to the introduction of the
`
`solvent.
`
`11.
`
`The method of claim 1 wherein the solvent is introduced into the carrier
`
`gas by connecting the gas and solvent sources.
`
`12.
`
`The method of claim 1 wherein the solvent is a non-polar organic solvent.
`
`13.
`
`The method of claim 1 wherein the solvent is a Cl-C50 hydrocarbon.
`
`14.
`
`The method of claim 1 wherein the solvent comprises at least one member
`
`selected from the group consisting of aliphatic, paraffinic, isoparaffinic, aromatic,
`
`naphthenic, olefinic, diene, terpene, polymeric or halogenated hydrocarbon, and wherein
`
`the solvent is a naturally occurring, synthetic or processed organic solvent.
`
`15.
`
`The method of claim 1 wherein the solvent is a natural terpene or its
`
`hydrogenated derivatives.
`
`16.
`
`The method of claim 1 wherein the solvent is a processed solvent selected
`
`from the group consisting of an aromatic solvent, virgin naphtha, terpene and hexane.
`
`17.
`
`The method of claim 1 wherein the solvent comprises one or more organic
`
`compounds.
`
`18.
`
`The method of claim 1 wherein the solvent is delivered to the system as a
`
`vapor and the volumetric or weight ratio of said solvent vapor and the carrier gas is
`
`accurately controlled.
`
`16
`
`Page 4 of 37
`
`ULI EXHIBIT 1006
`
`

`

`19.
`
`The method of claim 18 wherein the weight ratio between said solvent
`
`vapor and said carrier gas is in the range of about 0.1 to about 6.
`
`20.
`
`The method of claim 18 wherein the weight ratio between said solvent
`
`vapor and said carrier gas is in the range of about 2 to about 4.
`
`17
`
`Page 5 of 37
`
`ULI EXHIBIT 1006
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`WONG, CABELLO, LUTSCH,
`RUTHERFORD & BRUCCULERI, L.L.P.
`20333 SH 249 6 TH FLOOR
`HOUSTON TX 7707.0
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`,~Il[L[E~
`AUG 1 9 20'14
`
`OFFICE OF PETITIONS
`
`Doc Code: TRACK1 .GRANT
`
`Decision Granting Request for
`Prioritized Examination
`(Track I or After RCE)
`
`Application No.: 14/333,381
`
`1.
`
`THE REQUEST FILED ______ 7 ___ /1 ..... 6 ...... /1 ........ 4 ______ 1S GRANTED.
`
`The above-identified application has met the requirements for prioritized examination
`[8] for an original nonprovisional application (Track I).
`A.
`D for an application undergoing continued examination (RCE).
`B.
`
`2.
`
`The above-identified application will undergo prioritized examination. The application will be
`accorded special status throughout its entire course of prosecution until one of the following occurs:
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`I.
`
`filing a petition for extension of time to extend the time period for filing a reply;
`
`filing an amendment to amend the application to contain more than four independent
`
`claims, more than thirty total claims, or a multiple dependent claim;
`
`filing a request for·continued examination;
`
`filing a notice of appeal;
`
`filing a request for suspension of action;
`
`mailing of a notice of allowance;
`
`mailing of a final Office action;
`completion of examination as defined in 37 CFR 41.102; or
`abandonment of the appl!cation.
`
`Telephone inquiries with regard to this decision should be directed to Cheryl Gibson-Baylor at
`(571)272-3213, Office of Petitions. In his/her absence, calls may be directed to Brian W. Brown,
`(571 )272-5338.
`
`Cheryl Gibson-Baylor
`/Cheryl Gibson-Baylor/
`[Signature]
`
`U.S. Patent and Trademark Office
`PT0-2298 (Rev. 02-2012)
`
`Petitions Paralegal Specialist
`(Title)
`
`Page 6 of 37
`
`ULI EXHIBIT 1006
`
`

`

`UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/333,381
`
`07/16/2014
`
`Cody Nath
`
`1353-0004USCIPC
`
`7554
`
`10/29/2014
`7590
`29855
`WONG, CABELLO, LUTSCH, RUTHERFORD & BRUCCULERI,
`L.L.P.
`20333 SH 249 6th Floor
`HOUSTON, TX 77070
`
`EXAMINER
`
`CHAUDHRY, SAEED T
`
`ART UNIT
`
`PAPER NUMBER
`
`1711
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/29/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`WCPatent@counselip.com
`klutsch@counselip.com
`
`PTOL-90A (Rev. 04/07)
`
`Page 7 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application No.
`14/333,381
`
`Applicant(s)
`NATH ET AL.
`
`Office Action Summary
`
`AIA (First Inventor to File)
`Status
`No
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`Examiner
`SAEED T. CHAUDHRY
`
`Art Unit
`1711
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`1 )0 Responsive to communication(s) filed on __ .
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`2a)0 This action is FINAL.
`2b)~ This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ; the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)~ Claim(s) 1-20 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)~ Claim(s) 1-20 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:ilwww.uspto.gov/patents/init events/pph/index.isp or send an inquiry to PPHfeedback(wuspto.aov.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)O All b)O Some** c)O None of the:
`Certified copies of the priority documents have been received.
`1.0
`Certified copies of the priority documents have been received in Application No. __ .
`2.0
`Copies of the certified copies of the priority documents have been received in this National Stage
`3.0
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) ~ Notice of References Cited (PT0-892)
`2) 0 Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date __ .
`
`3) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20141021
`
`Page 8 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`DETAILED ACTION
`
`Page 2
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Claims 1-20 are pending in this application for consideration.
`
`Double Patenting
`
`Claims 1-20 are provisionally rejected under the judicially created doctrine of
`
`obviousness-type double patenting as being unpatentable over claims 1-21 of copending
`
`application Serial No. 13/936,807.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because one of ordinary skill in the art would have included a carrier gas such as a
`
`hydrogen or nitrogen, since both the processes are removing contaminants from a process
`
`system. Further, one would expect that the process claimed by 381' also remove contaminants
`
`from a system having a catalyst.
`
`This is a provisional obviousness-type double patenting rejection because the conflicting
`
`claims have not in fact been patented.
`
`Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double
`
`patenting as being unpatentable over claims 1-20 of U.S. Patent No. 8,480,812.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because the claims are directed to method of cleaning process system with carrier and
`
`a non-aqueous solvent as disclosed by 812' patent and one of ordinary skill in the art would have
`
`manipulated the steps for removing contamination, since instant claims are broader than claims
`
`of 812' patent.
`
`Page 9 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`Page 3
`
`The non-statutory double patenting rejection, whether of the obvious-type or non-obvious-type, is based on
`a judicially created doctrine grounded in public policy ( a policy reflected in the statute) so as to prevent the
`unjustified or improper time wise extension of the "right to exclude" granted by a patent. In re Thorington, 418 F .2d
`528, 163 USPQ 644 (CCPA 1969); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Van Ornam, 686
`F.2d 937, 214 USPQ 761 (CCPA 1982); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); and In re
`Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (b) and© may be used to overcome an
`actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application
`or patent is shown to be commonly owned with this application. See 37 CFR 1.78 (d).
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a Terminal Disclaimer. A
`Terminal Disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
`
`Claim Rejections - 35 USC § 102
`
`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 --
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`Claims 1-3, 12-16 and 17 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Jansen et al.
`
`Jansen et al. (6,936,112) disclose a process as claimed herein. The reference use a steam
`
`instead of a carrier gas but steam is also a gas. Therefore, Jansen et al. still anticipate the claimed
`
`process.
`
`Claims 1-8, 10, 12-14, 16 and 17 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Foutsitzis et al.
`
`Foutsitzis et al. (5,035,792) disclose a method for removing contaminants from a process
`
`system by circulating inert gases along with non-aqueous solvent through the system and
`
`removing contaminants out of the system. The gases are inert to reaction with the solvent or
`
`Page 10 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`Page 4
`
`contaminant, nitrogen and hydrogen being preferred gases and nitrogen being especially
`
`preferred. The solvent used for contaminant purging in the present invention comprises, and
`
`preferably consists essentially of, hydrocarbons. Non-hydrocarbon solvents are not
`
`recommended, and might in some cases have an adverse effect on the catalyst which
`
`subsequently is loaded into the system.
`
`A solvent comprising principally aromatic hydrocarbons has been found to be effective in
`
`the decontamination step of the present process. Catalytic reformate having an aromatics content
`
`of over 50 volume % is widely available and generally is suitable. An aromatic concentrate
`
`which may comprise toluene, C8 aromatics and/or C9 + aromatics is particularly
`
`effective in the present process (see col. 4, line 63 to col. 5, line 18).
`
`The conversion system of the present invention is an integrated processing unit which
`
`includes equipment, catalyst, sorbents and chemicals used in the processing of a hereinafter(cid:173)
`
`defined hydrocarbon feedstock. The equipment includes reactors, reactor internals for
`
`distributing feed and containing catalyst, other vessels, heaters, heat exchangers, conduits,
`
`valves, pumps, compressors and associated components known to those of ordinary skill in the
`
`art (see col. 3, lines 26-35).
`
`Conditions are determined by the nature of the solvent and comprise a temperature of
`
`from about 10° to 400° C (see col. 4, line 54). Foutsitzis et al. disclose a compressor for recycle
`
`the nitrogen gas in the system. All the limitations are disclosed by Foutsitzis et al. Therefore, the
`
`claimed process is anticipated by Foutsitzis et al.
`
`Claims 1, 4-6, 12-14 and 16-17 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Gomi et al.
`
`Page 11 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`Page 5
`
`Gomi et al. (5,730,804) disclose a method for removing a contaminant from a process
`
`system, comprising the steps of: (i) providing a carrier gas source such as Hydrogen gas (see col.
`
`7, lines 38-39); (ii) providing a non-aqueous solvent source such as any organic solvent, hexane,
`
`toluene and benzene (see col. 5, line 16 and col. 11, lines 57-67); (iii) delivering the carrier gas
`
`and the non-aqueous solvent from their respective sources to the process system; and (iv)
`
`removing said contaminant out of said system, wherein substantial amount of said contaminant is
`
`dissolved in said solvent in a vapor or liquid state as it is being removed from said system (see
`
`claims 19-21).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections
`set forth in this Office action:
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are
`
`applied for establishing a background for determining obviousness under 35 U.S.C. I03(a) are summarized as
`
`follows:
`
`1.
`2.
`3.
`4.
`
`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`Claims 9-11 and 18-20 are rejected under 35 U.S.C. § 103(a) as being unpatentable over
`
`Jansen et al.
`
`Jansen et al. were discussed supra. However, the reference fails to disclose that solvent is
`
`introduced into the carrier gas or solvent and carrier gas are delivered in a weight ratio.
`
`Page 12 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`Page 6
`
`It would have been obvious at the time applicant invented the claimed process to introduce
`
`solvent into the carrier gas which would disperse the solvent in the gas and contact the system
`
`surface more efficiently. Foutsitzis et al. did not disclose specific weigh ratio of solvent with gas
`
`but one of ordinary skill in the art would have manipulated the ratio of the gas and the solvent
`
`with routine experimentation for efficient and better results. It is well known in the art to use a
`
`compressor for circulate gas in a closed system. Therefore, one of ordinary skill in the art would
`
`have include a compressor in the process of Foutsitzis et al. for efficiently circulate gas in the
`
`closed system. One of ordinary skill in the art would have manipulated the temperature of the
`
`equipment before introducing the solvent for the purpose of increase solvency of the solvent.
`
`Claims 9-11 and 18-20 are rejected under 35 U.S.C. § 103(a) as being unpatentable over
`
`Foutsitzis et al.
`
`Foutsitzis et al. were discussed supra. However, the reference fails to disclose that solvent is
`
`introduced into the carrier gas or solvent and carrier gas are delivered in a weight ratio.
`
`It would have been obvious at the time applicant invented the claimed process to introduce
`
`solvent into the carrier gas which would disperse the solvent in the gas and contact the system
`
`surface more efficiently. Foutsitzis et al. did not disclose specific weigh ratio of solvent with gas
`
`but one of ordinary skill in the art would have manipulated the ratio of the gas and the solvent
`
`with routine experimentation for efficient and better results. It is well known in the art to use a
`
`compressor for circulate gas in a closed system. Therefore, one of ordinary skill in the art would
`
`have include a compressor in the process of Foutsitzis et al. for efficiently circulate gas in the
`
`closed system. One of ordinary skill in the art would have manipulated the temperature of the
`
`equipment before introducing the solvent for the purpose of increase solvency of the solvent.
`
`Page 13 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`Page 7
`
`Claims 10-11 and 18-20 are rejected under 35 U.S.C. § 103(a) as being unpatentable
`
`over Gomi et al.
`
`Gomi et al. were discussed supra. However, the reference fails to disclose that solvent is
`
`introduced into the carrier gas or solvent and carrier gas are delivered in a weight ratio.
`
`It would have been obvious at the time applicant invented the claimed process to introduce
`
`solvent into the carrier gas which would disperse the solvent in the gas and contact the system
`
`surface more efficiently. Gomi al. did not disclose specific weigh ratio of solvent with gas but
`
`one of ordinary skill in the art would have manipulated the ratio of the gas and the solvent with
`
`routine experimentation for efficient and better results. It is well known in the art to use a
`
`compressor for circulate gas in a closed system. Therefore, one of ordinary skill in the art would
`
`have include a compressor in the process of Foutsitzis et al. for efficiently circulate gas in the
`
`closed system. One of ordinary skill in the art would have manipulated the temperature of the
`
`equipment before introducing the solvent for the purpose of increase solvency of the solvent.
`
`Claim 15 is rejected under 35 U.S.C. § 103(a) as being unpatentable over Foutsitzis et
`
`al. in view Jansen et al.
`
`Foutsitzis et al. were discussed supra. However, the reference fails to disclose that solvent is
`
`a natural terpene or its hydrogenated derivatives.
`
`Jansen et al. were discussed supra.
`
`It would have been obvious at the time applicant invented the claimed process to utilize
`
`terpene as a solvent as disclosed by Jansen et al. into the process of Foutsitzis et al. since both
`
`the reference are concerned with removing contaminants from the treatment vessels. Further,
`
`Page 14 of 37
`
`ULI EXHIBIT 1006
`
`

`

`Application/Control Number: 14/333,381
`Art Unit: 1711
`
`Page 8
`
`Foutsitzis et al. use organic solvent for cleaning. Therefore, one of ordinary skill in the art would
`
`substitute organic solvent with terpene, since terpene is also an organic solvent.
`
`Any inquiry concerning this communication or earlier communications from the
`examiner should be directed to Saeed T. Chaudhry whose telephone number is (571) 272-
`1298. The examiner can normally be reached on Monday-Friday from 9:30 A.M. to 4:00 P.M.
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`supervisor, Mr. Michael Barr, can be reached on (571)-272-1414. The fax phone number for
`non-final is (571)-273-8300.
`When filing a FAX in Group 1700, please indicate in the Header (upper right)
`"Official" for papers that are to be entered into the file, and "Unofficial" for draft documents
`and other communication with the PTO that are for entry into the file of the application. This
`will expedite processing of your papers.
`Any inquiry of a general nature or relating to the status of this application should be
`directed to the Group receptionist whose telephone number is (571) 272-1700.
`Information regarding the status of an application may be obtained from the Patent
`Application Information Retrieval (PAIR) system. Status information for published
`applications may be obtained from either Private PAIR or Public PAIR. Status information
`for unpublished applications is available through Private PAIR only. For more information
`about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access
`to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197
`(toll-free).
`
`/SAEED T CHAUDHRY/
`Primary Patent
`Examiner, Art Unit
`1711
`
`Page 15 of 37
`
`ULI EXHIBIT 1006
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Cody Nath, et al.
`
`Serial Number: 14/333,381
`
`Filed: 07/16/2014
`
`For: PROCESS FOR REMOVING
`HYDROCARBONS AND NOXIOUS
`GASSES FROM REACTORS AND
`MEDIA-PACKED EQUIPMENT
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Commissioner for Patents
`P. 0. Box 1450
`Alexandria, Virginia 22313-1450
`
`Confirmation No. 7554
`
`Examiner: Saeed T. Chaudhry
`
`Group art unit: 1711
`
`Atty Docket No. 1353-0004USCIPC
`
`AMENDMENT AND RESPONSE TO OFFICE ACTION
`
`This Amendment and Response is submitted in reply to the Office Action having
`
`a Notification Date of 10/29/2014 issued in connection with the captioned
`
`application.
`
`CERTIFICATE OF TRANSMISSION
`I hereby certify that this document together with any papers referred to herein as "enclosed" or
`"attached" or "filed herewith" is being filed via EFS-Web or sent by facsimile machine to telephone
`number 571 273-8300 on the date written below.
`
`By:
`
`/Christopher Keirs/
`Christopher D. Keirs, Reg. No. 32,248
`
`Date: _
`
`_____,J=a'-'-'-n=ua"-'--ry'-'2=7_,_, =20=--1=5 __ _
`
`Page 16 of 37
`
`ULI EX