Prosecution Insights
Last updated: April 19, 2026
Application No. 17/797,736

PROCESS AND REACTOR FOR PRODUCING PHOSGENE

Non-Final OA §DP
Filed
Aug 05, 2022
Examiner
HENDRICKSON, STUART L
Art Unit
1736
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BASF Corporation
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
80%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
699 granted / 969 resolved
+7.1% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
42 currently pending
Career history
1011
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
65.9%
+25.9% vs TC avg
§102
1.4%
-38.6% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 969 resolved cases

Office Action

§DP
DETAILED ACTION Claims 25-28 are withdrawn. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The RCE is accepted. Double patenting rejections Claims 15-17, 19, 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16, 17, 20-25 of copending Application No. 17/612237 (reference application) taken with Mattke. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter. Mattke teaches in para 49 avoiding hotspots that will decompose phosgene. The present specification deactivates the catalyst and uses an excess of CO, thus CCl4 formation is suppressed to make for of the desired product. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The ‘237 application has been allowed, however. Claims 15-17, 19, 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 36, 39-54 of copending Application No. 17/925331 (reference application) taken with Mattke. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter. Mattke teaches in para 49 avoiding hotspots that will decompose phosgene. Using mesoporous carbon in the process is obvious to provide a catalyst with pores accommodating efficient contact of the reagents. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The ‘331 application has been allowed, however. Claims 15-17, 19, 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-32 of copending Application No. 18/287481 (reference application) taken with Mattke. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter. Mattke teaches in para 49 avoiding hotspots that will decompose phosgene. Combining the reactants in separate streams is obvious to prevent fouling from premature reaction. Separating byproducts from the reaction is obvious to capture the desired gases. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 15-17, 19, 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14 of copending Application No. 18/562358 (reference application) taken with Mattke. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter. Mattke teaches in para 49 avoiding hotspots that will decompose phosgene. Using sufficient cooling fluid is obvious to avoid hotspots. The baffle plates at right angles are depicted in present fig. 2. This is a provisional nonstatutory double patenting rejection since the patentably indistinct claims have not been patented. Claims 15-17, 19, 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16-30 of copending Application No. 18/580641 (reference application) taken with Mattke. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim common subject matter. Mattke teaches in para 49 avoiding hotspots that will decompose phosgene. While the wear is not taught, it is obvious to minimize it to assure a long-lasting system. Similarly, using dry gas is obvious to prevent corrosion. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Applicant's arguments filed 2/27/26 have been fully considered but they are not persuasive. It is proper to compare specifications of copending claims to determine what features are possessed, even though the claims may not mention them. /STUART L HENDRICKSON/Primary Examiner, Art Unit 1736
Read full office action

Prosecution Timeline

Aug 05, 2022
Application Filed
Apr 16, 2025
Non-Final Rejection — §DP
Jul 18, 2025
Response Filed
Aug 28, 2025
Final Rejection — §DP
Feb 27, 2026
Request for Continued Examination
Mar 06, 2026
Response after Non-Final Action
Mar 10, 2026
Non-Final Rejection — §DP (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
80%
With Interview (+8.2%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 969 resolved cases by this examiner. Grant probability derived from career allow rate.

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