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 .
This action is responsive to Applicant's amendment/remarks filed 09/16/2025.
Claims 1-12 are currently pending, of which claims 3-12 are withdrawn. Claims 1-2 are currently under examination.
The rejection of claims 1 and 2 under 35 U.S.C. 102(a)(1,2) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as being obvious over Garrait (WO 2018/069609 A1, see US 2021/0309594 A1, hereinafter Garrait) is withdrawn in view of the above amendments.
The rejection of claims 1 and 2 under 35 U.S.C. 102(a)(1,2) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as being obvious over Lui (US 2014/0330051 A1, hereinafter Lui) is withdrawn in view of the above amendments.
The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Lyu (CN 104692997 A, hereinafter Lyu).
Regarding claims 1 and 2, Lyu teaches that a composition consists of 1,1,2-trichloroethane and hydrogen fluoride (HF) in a reactor (abstract, [0041]-[0042], [0076]). Lyu teaches that 1,1,2-trichloroethane and HF are introduced into the reactor in liquid phase ([0069], [0076]). Lyu also teaches that the catalyst is a chromium-based catalyst which is placed in the reactor as a fixed catalyst layer ([0069], [0076]). Thus, the catalyst of Lyu is a solid in the reactor.
Lyu teaches that a molar ratio of HF to the chlorine-containing raw material (i.e. 1,1,2-trichloroethane) is (1 to 10):1 ([0069]). Thus, 1,1,2-trichloroethane (HCC-140) is in an amount of from 40 mass% to 87 mass% based on the entire composition as taught by Lyu, which falls within the claimed range of “more than 10 mass% and 99 mass% or less”. The molar ratio of 1,1,2-trichloroethane (HCC-140) to the sum of HF and HCC-140 in Lyu is from 0.09 to 0.5, which overlaps with the claimed range of “0.40 to 0.60”.
Lyu does not specifically teach that the composition is azeotropic or azeotrope-like; and in liquid phase, the molar ratio of HCC-140 to the sum of HF and HCC-140 is 0.005 to 0.022, or 0.40 to 0.60.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that a composition consisting of 1,1,2-trichloroethane (HCC-140) and hydrogen fluoride (HF) would exist in a reactor, because 1,1,2-trichloroethane (HCC-140) and HF are introduced into the reactor in liquid phase, and the catalyst is placed as a fixed layer (i.e. solid) in the reactor as recognized by Lyu.
Furthermore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed azeotropic or azeotrope-like property and the claimed molar ratio of HCC-140 to the sum of HF and HCC-140 in liquid phase, would flow naturally from the teaching of Lyu, because Lyu’s teaching provides substantially the same composition consisting of the same amounts of HCC-140 and HF as claimed, and also because the molar ratio of HCC-140 to the sum of HF and HCC-140 in Lyu is from 0.09 to 0.5, and HCC-140 and HF are introduced into the reactor in liquid phase as recognized by Lyu. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art. Any remaining claim limitations are optional.
Response to Arguments
The current rejection utilizes a new reference, Lyu (CN 104692997 A, hereinafter Lyu), under a new ground(s) of rejection which renders obvious instant claims 1-2.
Applicant's arguments with respect to the prior rejections have been considered but are moot, because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761