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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 (line 7 says, “a separator….and line 11-12 says, a distillation column….
Obviously, these two units are the same, therefore, a consistent term should be used.
Appropriate correction is required.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 8,895,765 B2).
With respect to claims 1 and 2, Kim et al disclose an apparatus for preparing an alkyl carboxylic acid ester (abstract). Kim et also disclose that the apparatus comprises a preliminary reactor {11} (Fig. 2; col. 5, lines 61-67) where partial esterification takes place by a reaction with a carboxylic acid and an alcohol to produce alkyl ester (product 4a).
Kim et al also disclose a distillation column {13} to receive the reaction product from the preliminary reactor and at least partially separating water and alcohol (Fig. 2). It is to be noted that in Fig. 2, stream {3} is alcohol-rich and stream {3} is water-rich.
Kim et al further disclose a main reactor {12} for receiving a reaction product from which water and alcohol are separated from a distillation column and esterifying an unreacted carboxylic acid (Fig. 2; column 5, line 61-column 6, line 16).
Kim et al also disclose a separation and purification unit (Fig. 1, 2) for collecting an alkyl carboxylic acid ester produced from the main reactor (12) (Column 4, lines 28-52).
With respect to claim 3, Kim et al disclose a first carboxylic acid supply passage {1} and a first alcohol passage {2} connected with first reactor {11} and a second alcohol supply passage {2} connected with the second reactor {12} (Fig. 1 and 2; column 5, line 61-column 6, line 16).
With respect to claim 4, Kim et al disclose a distillation column {14} to separate water and alcohol. It is known to those skilled in the art that a distillation column has a reflux condenser at the top to receive and condense the lighter components exiting the distillation column. It is evidenced by Zuber et al.
Zuber et al (US 7,329,774 B2) disclose a method and plant for the manufacture of carboxylic acid ester by means of a reactive distillation (title and abstract). Zuber et al also disclose details of reflux from the top of the distillation column (Fig.1, 3; column 5, lines 1-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Backed et al, US 20160194267.
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/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771