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 .
Response to Amendment
Applicant’s amendment filed on October 28, 2025 has been received and carefully considered. Claims 3, 5, and 20 are canceled. Claims 7-19 and 21 are withdrawn from further consideration. Claims 22 and 23 are new. Claims 1, 2, 4, 6, 22, and 23 are currently under consideration.
Response to Arguments
Applicant’s arguments filed on October 28, 2025 have been fully considered.
Applicant argues that the prior art fails to disclose or teach the new features of amended claim 1, wherein the system further comprises “a second source of thermal energy”, and “wherein the system is configured such that the sodium chlorate from the source of sodium chlorate mixes with the hydrogen peroxide from the source of hydrogen peroxide mix in advance of the primary reaction stage to create a mixture, wherein the second source of thermal energy is configured to heat the mixture in advance of the primary reaction stage, and wherein the system is configured such that heat is not provided to the primary reaction stage.”
The arguments are considered persuasive, and therefore, the rejections are withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of the newly discovered prior art references to Wu et al. (CN 211111049 U), Bing-zhu Zhang et al. (CN 201046926 Y), and Huang (CN 102134058 A), as detailed below.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
In claim 1, the word “mix” (at line 20, before “in advance”) should be deleted.
In claim 6, it is suggested that the word --third-- be inserted before “source of thermal energy” because claim 1 recites “a first source of thermal energy” (at line 16) and “a second source of thermal energy” (at line 18).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 211111049 U) in view of Bing-zhu Zhang et al. (CN 201046926 Y) and Xu et al. (CN 1911785 A).
The instant “system” claims are considered apparatus claims.
Regarding claim 1, Wu et al. discloses a system for producing chlorine dioxide (see Figure and translation) comprising:
a source of sodium chlorate (i.e., a sodium chlorate solution storage tank 2);
a source of hydrogen peroxide (i.e., a hydrogen peroxide storage tank 1);
a source of sulfuric acid (i.e., a sulphuric acid solution storage tank 3);
a flow inducing device (i.e., a water injector 15 having a water inlet connected to a supply of power water 16 and a suction inlet connected to an outlet of a reaction tank 11), which, in operation, induces a flow of the sodium chlorate, hydrogen peroxide, and sulfuric acid (i.e., in use, the supply of power water 16 to the water inlet generates a negative pressure (suction) at the suction inlet, which induces a flow of the raw materials in the system);
a primary reaction stage (i.e., a stage where the sodium chlorate solution, hydrogen peroxide, and sulfuric acid solution are reacted to form chlorine dioxide), wherein the primary reaction stage includes a tubular vessel (i.e., a reaction tank 11) configured to contact the sulfuric acid with the sodium chlorate and the hydrogen peroxide; and
a source of thermal energy (i.e., a mixing heater 7);
wherein the system is configured such that the sodium chlorate from the source of sodium chlorate 2 mixes with the hydrogen peroxide from the source of hydrogen peroxide 1 in advance of the primary reaction stage to create a mixture (i.e., the sodium chlorate solution from the sodium chlorate solution storage tank 2 and the hydrogen peroxide from the hydrogen peroxide storage tank 1 combine with each other in the pipe which leads to an inlet of the mixing heater 7, thus forming a mixture upstream of the reaction tank 11);
wherein the source of thermal energy is configured to heat the mixture in advance of the primary reaction stage (i.e., the mixing heater 7 heats the mixture of sodium chlorate solution and hydrogen peroxide, upstream of the reaction tank 11); and
wherein the system is configured such that heat is not provided to the primary reaction stage (i.e., the reaction tank 11 is not equipped with heating means).
Wu et al. fails to disclose that the system further comprises:
a secondary reaction stage in fluid communication with the primary reaction stage 11, wherein the secondary reaction stage includes a tubular vessel; and a source of thermal energy in thermal communication with the secondary reaction stage.
Bing-zhu Zhang et al. discloses a system for producing chlorine dioxide (see FIG. 1, translation) comprising: sources of raw materials (i.e., reactants for producing chlorine dioxide, in storage tanks 4 and 5); and a flow inducing device (i.e., an injector 8 having a water inlet receiving a flow of water from a water pump 1 and a suction inlet communicating with an outlet of an activator vessel 10), which, in operation, induces a flow of the raw materials.
Specifically, Bing-zhu Zhang et al. discloses that the system comprises two reaction stages (i.e., two activator vessels 10), including:
a primary reaction stage including a tubular vessel (i.e., an upstream activator vessel 10) configured to contact and react the raw materials to produce chlorine dioxide; and
a secondary reaction stage including a tubular vessel (i.e., a downstream activator vessel 10) in fluid communication with the primary reaction stage, the secondary reaction stage being configured to further react the raw materials to produce additional chlorine dioxide.
Xu et al. also discloses a system for producing chlorine dioxide (i.e., a chlorine dioxide generator; see FIG. 1-2 and translation), wherein the system comprises:
a source of sodium chlorate (i.e., a feeder box 1-4 containing sodium chlorate), a source of hydrogen peroxide (i.e., a storage tank 21 containing a hydrogen peroxide solution), and a source of sulfuric acid (i.e., a storage tank 21 containing a sulfuric acid solution); and
a flow inducing device (i.e., a water jet vacuum pump 16), which, in operation, induces a flow of the sodium chlorate, hydrogen peroxide, and sulfuric acid (i.e., a reaction liquid containing the sodium chlorate, the hydrogen peroxide, and the sulfuric acid is induced to flow due to the vacuum generated by the water jet vacuum pump 16 through pipe 15).
Specifically, Xu et al. discloses that the system comprises two reaction stages, including:
a primary reaction stage (i.e., a reaction kettle 5 without a heating system, which operates at normal temperature) configured to contact and react the sulfuric acid with the sodium chlorate and the hydrogen peroxide to produce chlorine dioxide; and
a secondary reaction stage (i.e., a heating reaction kettle 10) in fluid communication with the primary reaction stage (i.e., via an overflow pipe 8) and configured to further react the sulfuric acid with sodium chlorate and hydrogen peroxide to produce additional chlorine dioxide; wherein a source of thermal energy (i.e., a heating system 11) is in thermal communication with the secondary reaction stage 10.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide a secondary reaction stage including a tubular vessel in fluid communication with the primary reaction stage in the system of Wu et al. because the provision of two reactions stages in series would have allowed for a more complete reaction and an improved utilization rate of the raw materials, as taught by Bing-zhu Zhang et al. (see translation, underlined portions at page 2, first paragraph) and also Xu et al. (see translation at page 3, in the second to last paragraph, beginning with “3,”).
Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide a source of thermal energy in thermal communication with the secondary reaction stage in the modified system of Wu et al. because the reaction speed in the secondary reaction stage would be low due to the concentration of reactants in the secondary reaction stage being relatively low, and the source of thermal energy would have allowed for the reaction rate in the secondary reaction stage to be sped up by heating the reactants in the second reaction stage, as taught by Xu et al. (see translation at page 3, in the second to last paragraph, beginning with “3,”).
The limitations with respect to specific residence times in the tubular vessel of the primary reaction stage (i.e., up to 60 seconds) and the tubular vessel of the secondary reaction stage (i.e., up to 30 minutes) are directed to an intended manner of operating the apparatus that do not impart further structural limitations to the apparatus claim. In addition, the limitation with respect to a specific amount of sulfuric acid to be used (i.e., about 1.3 lbs to about 3.5 lbs) per pound of chlorine dioxide produced pertains to the materials to be worked upon by the apparatus during an intended operation, which does not impart further structural limitations to the apparatus claim. See MPEP §§ 2114, 2115.
In any event, the modified system of Wu et al. would have been operable in the recited manner by controlling the metering pumps 4, 5, and 6 to respectively feed the required amounts of hydrogen peroxide, sodium chlorate solution, and sulphuric acid solution, and by adjusting the supply of power water 16 to the water injector 15 to produce the necessary amount of suction for inducing the raw materials to flow at a desired rate.
In addition, the claimed amount of sulfuric acid per pound of chlorine dioxide produced would have been further obvious in view of Xu et al. (see translation at page 3, seventh paragraph; Examples at page 4). In particular, Xu et al. discloses a suitable sulphuric acid dosage of about 2.0 to 3.0 molH2SO4/molClO2, for example, a sulphuric acid dosage of 2.5 molH2SO4/molClO2 (see Example 1; the dosage is equivalent to 3.64 pounds H2SO4 per pound ClO2) or a sulphuric acid dosage of 2.0 molH2SO4/molClO2 (see Example 2; the dosage is equivalent to 2.91 pounds H2SO4 per pound ClO2). Therefore, it would have been further obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to supply the claimed amount of sulfuric acid per pound of chlorine dioxide produced in the modified system of Wu et al. because the sulfuric acid dosage would have been considered suitable for the production of chlorine dioxide, as taught by Xu et al.
Regarding claim 2, Bing-zhu Zhang et al. (see FIG. 1) further discloses that the primary reaction stage (i.e., the upstream activator vessel 10) includes a top, and the secondary reaction stage (i.e., the downstream activator vessel 10) includes a bottom; wherein the top of the primary reaction stage includes a discharge connection (i.e., an outlet for discharging an effluent from the upstream activator vessel 10) and the bottom one third of the secondary reaction stage includes an inlet connection (i.e., an inlet for receiving the effluent from the upstream activator vessel 10); the discharge connection being in fluid communication with the inlet connection (i.e., via a pipe), and the discharge connection being above the inlet connection (see FIG. 1). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed connections between the primary reaction stage and the secondary reaction stage in the modified system of Wu et al. because the claimed connections would have been suitable for connecting the tubular reactors of the two reaction stages in series, so that the raw materials would be able to flow through the tubular reactors of the two reaction stages in series, as taught by Bing-zhu Zhang et al.
Regarding claim 22, Wu et al. (see Figure) discloses that the system further comprises a valving assembly (i.e., a valve 13 provided in a pipe which connects a water tank 14 to the reaction tank 11), wherein the valving assembly is configured to selectively deliver water to the tubular vessel 11 of the primary reaction stage, such that the delivered water flushes the tubular vessel 11 of the primary reaction stage (i.e., the valve 13 controls the flow of clean water from the water tank 14, so that the clean water can be used to clean the reaction tank 11 when stopping the machine, and residue can flushed out from the reaction tank 11 through a residue discharging valve 9). Additionally, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further configure the valving assembly In the modified system of Wu et al. to selectively deliver water to the tubular vessel of the secondary reaction stage because clean water could then be further used to clean and flush out residue from the tubular vessel of the secondary reaction stage when stopping the machine, as suggested by Wu et al.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 211111049 U) in view of Bing-zhu Zhang et al. (CN 201046926 Y) and Xu et al. (CN 1911785 A), as applied to claim 1 above, and further in view of Yi Zhang et al. (CN 103127873 A).
Wu et al. fails to disclose that the source of sulfuric acid is a source of sulfuric acid having a concentration of 93% or higher, and that the system further comprises a mixing block including: an inlet receiving the sulfuric acid from the source of sulfuric acid; an inlet receiving water; a mixing chamber in fluid communication with the inlet that receives water and in fluid communication with the inlet that received sulfuric acid; and an outlet in fluid communication with the mixing chamber and in fluid communication with the primary reaction stage.
Yi Zhang et al. discloses an apparatus for diluting concentrated sulfuric acid to a desired concentration (see FIG. 1 and translation), the apparatus comprising:
a source of sulfuric acid having a concentration of 93% or higher (i.e., a source of industrial, concentrated sulfuric acid having a concentration of 98%, supplied through a concentrated sulfuric acid feeding valve 26; see translation at paragraphs [0002], [0034]); and
a mixing device (i.e., a mixer 5; see paragraphs [0007], [0035]) including:
an inlet (i.e., a concentrated sulphuric acid inlet 6), which, in operation, receives the sulfuric acid from the source of sulfuric acid (i.e., via a concentrated sulphuric acid metering pump 24 and a concentrated sulfuric acid feeding back pressure valve 2);
an inlet (i.e., a dilution water inlet 4), which, in operation, receives water (i.e., dilution water supplied through a dilution water valve 21 and via a diluting water metering pump 23 and a dilution water feeding back pressure valve 3);
a mixing chamber (i.e., a spherical mixing chamber of the mixer 5; see paragraph [0007]) in fluid communication with the inlet 4 that receives water and in fluid communication with the inlet 6 that receives sulfuric acid; and
an outlet (i.e., a mixer outlet 7) in fluid communication with the mixing chamber for discharging diluted sulphuric acid solution.
The diluted sulphuric acid solution, having the desired concentration for its intended use (e.g., a concentration of about 60% or about 77% in the case of a chlorine dioxide generation process; see translation at paragraph [0002]), is then cooled to a normal temperature by its passage through a spiral coil pipe heat exchanger 14, and then stored in a dilute sulphuric acid storage tank 30 until it is required for use (see translation at paragraph [0040]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus for diluting concentrated sulfuric acid of Yi Zhang et al. in fluid communication with the primary reaction stage in the modified system of Wu et al. for feeding the diluted sulfuric acid solution to the primary reaction stage because industrial concentrated sulphuric acid is generally available at a concentration that is much higher than that which is needed for the generation of chlorine dioxide; the heat-resistant and corrosion-resistant mixing device and spiral coil pipe heat exchanger would ensure mixing speed and sufficiency; the accurate feeding and adjustable flow rates of the concentrated sulfuric acid and dilution water would ensure that accurate concentrations of the diluted sulfuric acid solution were produced; the corrosion and heat resistant materials forming the apparatus and its unique sealing structure would ensure that there was a long service life and no sulphuric acid leakage; the diluted sulfuric acid solution would be produced without impurity; and the mixing of the concentrated sulfuric acid with the dilution water would be conducted without active stirring, so that there was low noise and energy consumption, as taught by Yi Zhang et al. (see translation at paragraphs [0002] and [0023]-[0029]).
Yi Zhang et al. also discloses that the mixing device 5 is manufactured from steel and lined with fluorine material, so that the mixing device 5 is heat-resistant and corrosion-resistant (see translation of paragraphs [0007], [0024]). Yi Zhang et al. does not specifically state that the mixing device 5 is manufactured from a “block” of the steel material, so as to define a “mixing block”. However, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to manufacture the mixing device from a block of steel in the modified system of Wu et al. because the examiner takes official notice that the manufacture of the device from a block of steel, to impart properties of heat and corrosion resistance, would have been well-known to one of ordinary skill in the engineering art.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 211111049 U) in view of Bing-zhu Zhang et al. (CN 201046926 Y), Xu et al. (CN 1911785 A), and Yi Zhang et al. (CN 103127873 A), as applied to claim 4 above, and further in view of Huang (CN 102134058 A).
The combination of Wu et al., Bing-zhu Zhang et al., Xu et al., and Yi Zhang et al. fails to disclose or teach a further source of thermal energy, located between the mixing chamber and the primary reaction stage.
Huang (see FIG. 1 and translation) discloses a system for producing chlorine dioxide, the system comprising: a source of a mixture of sodium chlorate and hydrogen peroxide (i.e., a mixed liquid containing sodium chlorate and hydrogen peroxide, supplied by a mixed liquid delivery pipe 45; see paragraph [0039]); a source of sulphuric acid (i.e., dilute sulphuric acid, supplied by a sulphuric acid feed delivery pipe 44); a reactor (i.e., a reaction kettle 1) containing a series of reaction stages and configured to contact the sulfuric acid with the sodium chlorate and hydrogen peroxide to produce chlorine dioxide; and a source of thermal energy (i.e., a water bath heater 30; see FIG. 8 and paragraphs [0047]-[0048]) configured to heat the mixture of sodium chlorate and hydroxide peroxide 45 in advance to the reactor 1. Huang further discloses that the sulphuric acid (i.e., supplied by the sulphuric acid feed delivery pipe 44) is obtained by diluting concentrated sulphuric acid of 98% concentration by mixing the concentrated sulphuric acid with water (see Examples; paragraphs [0056]-[0058]). Specifically, Huang discloses that the system further comprises a source of thermal energy (i.e., another water bath heater 30) for heating the sulfuric acid (i.e., the dilute sulphuric acid solution) in advance of the reactor 1.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further provide a source of thermal energy between the mixing chamber and the primary reaction stage in the modified system of Wu et al. because the source of thermal energy would have further ensured that the dilute sulphuric acid solution was supplied to the primary reaction stage at a suitable reaction temperature for facilitating the production of chlorine dioxide, as taught by Huang.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN 211111049 U) in view of Huang (CN 102134058 A).
The instant “system” claims are considered apparatus claims.
Wu et al. discloses a system for producing chlorine dioxide (see FIG. 1 and translation), the system comprising:
a source of a mixture of sodium chlorate and hydrogen peroxide (i.e., a raw material feeding unit including a sodium chlorate solution storage tank 2 and a hydrogen peroxide storage tank 1, wherein the unit combines the sodium chlorate solution and the hydrogen peroxide within a pipe leading to an inlet of a mixing heater 7, so as to function as a source of a mixture of sodium chlorate and hydrogen peroxide);
a source of sulfuric acid (i.e., a sulphuric acid solution storage tank 3);
a flow inducing device (i.e., a water injector 15 comprising a water inlet connected to a source of power water 16 and a suction inlet connected to an outlet of a reaction tank 11), which, in operation, induces a flow of the sodium chlorate, hydrogen peroxide, and sulfuric acid (i.e., in use, the supply of power water 16 to the water inlet generates a negative pressure (suction) at the suction inlet, which induces a flow of the raw materials in the system);
a primary reaction stage (i.e., a stage where the mixture of sodium chlorate and hydrogen peroxide and the sulfuric acid solution are reacted to produce chlorine dioxide), wherein the primary reaction stage includes a tubular vessel (i.e., a reaction tank 11) configured to contact the sulfuric acid (i.e., received from the sulphuric acid solution storage tank 3) and the mixture of sodium chlorate and the hydrogen peroxide (i.e., received from an outlet of the mixing heater 7); and
a heater (i.e., mixing heater 7) configured such that the mixture of sodium chlorate and hydrogen peroxide flows through the heater 7 before reaching the primary reaction stage 11;
wherein the system is configured to not apply heat to the sulfuric acid (i.e., no heating means is provided for heating the sulphuric acid solution from the sulphuric acid solution stage tank 3) and the primary reaction stage (i.e., no heating means is provided for heating the reaction tank 11).
The system of Wu et al. is the same as the claimed system, except that Wu et al. fails to disclose that the heater 7 comprises a heat exchanger.
Huang discloses a heat exchanger (i.e., a water bath heating device as shown in FIG. 8, which corresponds to a water bath heating device 30 in FIG. 1; see translation at paragraph [0048]), wherein the heat exchanger 30 is configured to heat a mixture of sodium chlorate and hydrogen peroxide (i.e., a mixed liquid containing sodium chlorate and hydrogen peroxide, supplied by a mixed liquid delivery pipe 45; see paragraph [0039]) by exchanging heat with a heating liquid medium.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heat exchanger of Huang for the heater 7 in the system of Wu et al. because the heat exchanger would have provided a fast, uniform, and stable heating of the mixture of sodium chlorate and hydrogen peroxide, and local overheating of the mixture, which can lead to the adverse condition of hydrogen peroxide decomposition, would be avoided, as taught by Huang (see paragraph [0048]).
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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Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A LEUNG whose telephone number is (571)272-1449. The examiner can normally be reached Monday - Friday 9:30 AM - 4:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X WANG can be reached at (571)270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A LEUNG/Primary Examiner, Art Unit 1774