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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 11 is rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966). The claimed invention which recited ‘use’ is directed to non-statutory subject matter.
Claim Rejections - 35 USC § 112
Claims 1-11 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In Claim 1 the claim recites “recycled iso-terephthalic acid (r-IA) and refers to an “adjusted r-IA isomer content”. The term “iso-terephthalic acid” is not a recognized chemical compound name in the art nor is it defined in applicant’s specification. The art recognizes distinct benzene dicarboxylic acid isomers, including phthalic acid (1,2 benzene dicarboxylic acid.), isophthalic acid (1,3 benzene dicarboxylic acid.)and terephthalic acid (1,4 benzene dicarboxylic acid.). The claim language creates a lack of clarity as to the scope of applicants intended meaning by the recited ”iso-terephthalic acid“ since the metes and bound of “r-IA” and “IA content” cannot be determined.
With regard to claims 3 and 5, note, the phrase "preferably,...etc." renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).Moreover, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP §2173.05(c).
Claim 11 is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP5473102, see abstract and, col. 1 lines 6-20, col. 2, col. 4 lines 21-34, 64-67, col. 7 lines 1-20, 24-26, 50-60, claim 2, 6 in view of DE1095266, see page 2 lines 29-33, page 3 lines 5-8, 22-24, and 32-34.
With regard to claim 1, the claim is directed to a method for the production of a mixture of recycled terephthalic acid (r-TA) and recycled iso-terephthalic acid (r-IA) from condensation polymer waste (CP waste), comprising steps of: analyzing CP waste with regard to its IA content, dividing the CP waste into two or more fractions having different IA content, mixing the fractions to achieve a desired IA content in the mixture, and processing the mixture to obtain a mixture of r-TA and r-IA having adjusted r-IA isomer content between 0.00 1% by weight and 25% by weight of the mixture.
USP5473102 discloses processing condensation polymer waste, including polyester materials. The reference discloses hydrolytic depolymerization of aromatic polyester resins and recovery of aromatic dicarboxylic acids from waste polyester feedstock. The reference teaches depolymerizing polyester resins comprising repeating units of aromatic acid residues and dihydric alcohol residues linked by ester bonds. The polyester waste sources include post-consumer polyester bottles, films, fibers and mixed polyester material. Suitable polyester resins include repeating structural units containing terephthalic acid and isophthalic acid. The reference further describes large scale processing of mixed polyester waste streams. See abstract and, col. lines 6-20, col. 2, col. 4 lines 21-34, 64-67, col. 7 lines 1-20, 24-26,50-60. claim 2, 6. The reference explicitly states that the recovered dibasic aromatic acid is at least one member selected from the group consisting of isophthalic acid, terephthalic acid and 2,6, naphthalene dicarboxylic acid. See col. 4 lines 30-35. Accordingly, the reference demonstrates the production of recycled aromatic dicarboxylic acids, including terephthalic acid and isophthalic acid from polyester waste.
Since the USP5473102 shows the processing mixed polyester waste streams containing varying aromatic residues, the relative proportions of terephthalic acid and isophthalic acid in the recovered product correspond to the composition of the polyester feedstock being processed. The reference further states that the terephthalic acid obtained from different waste sources various in impurity content and that such variability presents process control challenges. See col. 3 lines 44-60 and col. 7 lines 40-60.Thus, would have been expected to vary depending on the compositional make-up of the feedstock waste material.
The USP5473102 reference does not disclose
analyzing the condensation polymer waste with respect to IA content prior to depolymerization
dividing the waste into fractions having different IA contents, or
mixing selected fractions to achieve a predetermined IA isomer ratio before depolymerization processing.
DE1095266 discloses a process for the separation of mixtures consisting essentially of terephthalic acid and isophthalic acid. See pages 1 lines 3-4. The reference discloses aromatic dicarboxylic acid compositions containing defined proportions of terephthalic acid and isophthalic acid and addresses mixtures having specific TA/IA ratios. The reference provides example of mixtures having defined TA/IA proportions , including 23% IA/77% TA. See page 2 lines 29-33 and 70%IA/30%TA in page 3 lines 5-8. The reference further discloses that process parameters are selected based on IA content, stating that the proportion of methanol applied to the mixtures is determined by the isophthalic acid content. See page 3 lines 22-24. The separation may be carried out one stage or in several stages. See page 3 lines 32-34.
In view of USP5473102 which teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues and DE1095266, which discloses aromatic dicarboxylic acid mixtures containing defined terephthalic acid/isophthalic acid proportions, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select and combine polyester waste materials having known aromatic compositions in order to obtain a recovered polyester waste materials to obtain a desired terephthalic/isophthalic acid ratio in the recovered product. Controlling the feed materials to obtain a desired terephthalic acid/isophthalic acid ratio in the recovered product e would have been an obvious routine process optimization.
With regard to claim 2, the claim is directed to the method according to claim 1, in which the CP waste is selected from the polyethylene naphthalates, polyethylene terephthalates, glycol-modified polyethylene terephthalates, polypropylene terephthalates, poly(ethylene terephthalate-co-isophthalate) copolymers, polybutylene terephthalate, polyethylene terephthalate copolymers individually or in mixtures with 1,4-cyclohexanedicarboxylate structural units.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60 and DE1095266 discloses mixtures having defined isophthalic acid percentages. See page 2 lines 29-33 and page 3 lines 5-8. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select a particular isophthalic acid percentage within a known range since it is a matter of routine optimization.
With regard to claim 3, the claim is directed to the methods according to claim 1 in which the division of the CP waste into a first fraction having an IA proportion of < 0.1% by weight, a second fraction having an IA proportion of > 0.1% by weight, preferably >1% by weight, optimally > 1.5% by weight, and preferably a third fraction having an IA content of > 3% by weight takes place.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60 and DE1095266 discloses mixtures having defined isophthalic acid percentages. See page 2 lines 29-33 and page 3 lines 5-8. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select a specific isophthalic acid proportions within the range amount those taught by the prior art would have been obvious.
With regard to claim 4, the claim is directed to the method according to claim 1, in which a step of compacting and/or comminuting one or more fractions takes place before the step of mixing.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60 and DE1095266 discloses mixtures having defined isophthalic acid percentages. See page 2 lines 29-33 and page 3 lines 5-8. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the feed to obtain the claimed isophthalic acid proportions
With regard to claim 5, the claim is directed to the method according to claim 1, in which the mixing step takes place via gravimetric metering, particularly by means of gravimetric metering units in an extruder, wherein the mixture is preferably adjusted so that the isomer ratio (mol TA to mol IA) is between 100:0 and 75:25, preferably between 99:1 and 90:10 and optimally between 99:1 and 97:3.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60 and DE1095266 expressly teaches that the proportion of methanol applied is determined by the isophthalic acid content. See page 3 lines 5-8, 22-28. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the claimed isophthalic acid content limitation.
With regard to claim 6, the claim is directed to the catalyzed depolymerization in which a diol is obtained and a separation and purification of r-TA and r-IA.
USP5473102 states that
“regardless of the methods of depolymerization and purification of resulting terephthalic acid, the variable nature of crude terephthalic acid obtained from depolymerization of polyethylene terephthalate waste from many sources and the variable nature of impurities resulting therefrom and contained in the crude terephthalic acid, the process control and thus quality assurance of the purified terephthalic acid, has been made difficult and costly. Because of this lack of quality assurance and its cost relative to that of virgin purified terephthalic acid, purified terephthalic acid from polyethylene terephthalate waste has not been considered as a viable economic replacement for fiber-grade virgin purified terephthalic acid prepared from para-xylene. It is therefore a general object of the present invention to provide an improved method which overcomes the aforesaid problem of prior art methods, for recovery of aromatic acid from polyester resin which has been used for polyester fibers, polyester films, and resins in bottles and like containers.”
Thus, the reference teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste streams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to divide materials having different contents prior to processing.
With regard to claim 7, the claim is directed to the method according to claim 1,in which r-TA and r-IA products are obtained as salts rather than free acids.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60 and DE1095266 discloses mixtures having defined isophthalic acid percentages. See page 2 lines 29-33 and page 3 lines 5-8. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select materials having the claimed contents.
With regard to claim 8, the claim is directed to the method according to claim 1,in which the products obtained are polymerized in a polymerization step to form r-PET products or to form r-PBT products or to form r-polypropylene terephthalate products.
In view of the discussion in claim 7 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to mix materials to obtain the claimed isophthalic acid content prior to depolymerization.
With regard to claim 9, the claim is directed to a mixture of r-TA and r-IA having an r-IA content between 0.00 1% by weight and 25% by weight of the mixture, obtainable by the method according to claim 1.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues, col. 3 lines 44-60, col. 7 lines 40-60. DE1095266 discloses mixtures having defined isophthalic acid percentages. See page 2 lines 29-33 and page 3 lines 5-8. DE1095266 also discloses preparing mixtures having defined terephthalic acid/isophthalic acid proportions and selecting process parameters based on isophthalic acid content, page 2 lines 29-33 and page 3 lines 22-24. In view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to analyze condensation polymer waste with respect to its isophthalic acid content. It further would have been obvious to select or divide waste material having different isophthalic acid contents and to combine selected materials to obtain a predetermined terephthalic acid/isophthalic acid ratio prior to further processing, since both references recognize that feed composition affects recovered aromatic acid composition and the processing parameters.
With regard to claim 10, the claim is directed to the mixture according to claim 9, wherein the mixture has an r-IA content between 0.01% by weight and 10% by weight of the mixture, particularly an r-IA content between 1.5% by weight and 3% by weight.
USP5473102 teaches the recovery and purification steps for terephthalic acid and isophthalic acid from mixed polyester waste. See abstract, col. 3 lines 44-57 and DE1095266 discloses mixtures having defined isophthalic acid percentages. See page 2 lines 29-33 and page 3 lines 5-8. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the condition in obtaining the recovered acid mixture.
With regard to claim 11, the claim is directed to a use of the mixture according to claim 9 in a polymerization reaction to form r-PET, r-PBT, r-polypropylene terephthalate, further condensation polymers, for the production of alkyd resins or saturated and unsaturated polyester resins.
USP5473102 teaches the recovery of terephthalic acid and isophthalic acid from mixed polyester waste steams containing varying aromatic residues. See col. 3 lines 44-60 and col. 7 lines 40-60. The reference also teaches that aromatic dicarboxylic acids are well known starting materials for making polyester resins, which polyester resins are used widely as principal polymers for polyester fibers, polyester films, and resins for bottles and like containers. See col. 1 lines 59-67. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to prepare the mixture of recycled terephthalic acid (r-TA) and recycled iso-terephthalic acid (r-IA) from condensation polymer waste to further use to make additional polyester resins. Note 35 USC § 101 and 35 USC § 112 rejections above.
In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
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/Terressa Boykin/Primary Examiner, Art Unit 1765