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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/09/2023 has been considered by the Examiner.
Status of Claims
Claims 1-10, filed on 06/09/2023, are under consideration. Claim 1 is independent and claim 10 is amended.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite because it does not properly define “the second reaction solution” (last line) to the mixing of the solvent with the first reaction solution; and it is also unclear because it recites “resolution” in line 2 which seems a misspelling of the word “solution”. Additionally, the claim is difficult to follow because it recites the details of the method steps in backward order—suggest amendments are shown below.
Finally, claim 1 is indefinite because it recites “recovering the selective homogeneous hydrogenation catalyst through evaporation separation from the second reaction solution in which the synthesis of the cyclododecene is completed”. The synthesis of the cyclododecene is completed in the first reaction solution (lines 6-7) which contradicts the above limitation.
Claims 2-10 are also indefinite under 35 USC §112 by virtue of their dependance from claim 1.
Claim 2 is indefinite because it recites that “wherein the solvent is the cyclododecanone dissolved in the cyclododecatriene”. Note here that cyclododecanone is mixed with the first solution after the hydrogenation of the cyclododecatriene and thus, it is not clear how the solvent that is added after the reaction can be dissolved in the reactant! Viewing [0010]-[0011] and [0020]-[0021] of the Specification, it seems that the solvent cyclododecanone can be dissolved in cyclododecatriene but there is no explanation on how this limitation would fit within the method of claim 1.
Claim Construction
The following amendments to claim 1 are suggested to clarify the scope of the invention and improve the quality of the claim.
A method for recovering a selective homogeneous hydrogenation catalyst comprising:
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preparing a selective homogeneous hydrogenation catalyst from triphenylphosphine, formaldehyde, and ruthenium chloride in a first reaction solution, and selectively hydrogenating cyclododecatriene to cyclododecene in the first reaction solution;
in a second reaction mixture, mixing a solvent containing cyclododecanone with the first reaction solution; and
recovering the selective homogeneous hydrogenation catalyst through evaporation separation from the second reaction solution.
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claim 2-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: a search of pertinent prior art did not locate a teaching or suggestion for a method to hydrogenate cyclododecatriene to cyclododecene in a first reaction solution comprising triphenylphosphine, formaldehyde, and ruthenium chloride; mixing a solvent containing cyclododecanone with the first reaction solution; and recovering the selective homogeneous hydrogenation catalyst through evaporation separation from the second reaction solution.
US 2008/0275276 discloses hydrogenating cyclododecatriene to cyclododecene (Abstract) with a catalyst comprising triphenylphosphine [0084], formaldehyde [0090], and ruthenium chloride [0085], and separating the catalyst from the product for recycle and reuse (Fig. 1 label 10 and [0164]). The product cyclododecene is separated (Fig. 1 label 4) and further reacted with N2O to make cyclododecanone ([0168]). This reference does not teach or suggest the claimed limitation of mixing a solvent containing cyclododecanone with the first reaction solution to form a second reaction solution, and recovering the selective homogeneous hydrogenation catalyst through evaporation separation from the second reaction solution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALI Z FADHEL whose telephone number is (571)270-0267. The examiner can normally be reached M-F 9am-6pm PST.
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/ALI Z FADHEL/Primary Examiner, Art Unit 1772