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 § 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.
Claims 23, 25-26, and 31-32 are 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 23 recites the limitation "fractions (iii-2) and (iii-4)" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "fractions (iii-2) and (iii-4)" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "fractions (iii-2) and (iii-4)" in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 31 recites the limitation "fraction (i)" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 32 recites the limitation "fraction” in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Objections
Claims 32-33 are objected to because of the following informalities:
In claim 32, insert “comprising,” after claim 31. Appropriate correction is required.
In claim 33, insert “the” after 18, wherein. 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 18-34 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2005/0252761 to Funke et al. with evidence provided by U.S. Patent Pub. No. 2013/0261341 to Lettmann et al. and U.S. Patent Pub. No. 2018/0029971 to Rittsteiger et al.
As to claims 18-19, Funke discloses a process for the manufacture of isophorone diamine (IPDA) comprising providing an IPDA feed stream comprising cis-IPDA and trans-IPDA and purifying the feed stream into fractions of impurities having lower boiling points that trans-IPDA, a fraction of impurities having lower boiling points than trans-IPDA, a fraction of impurities having higher boiling points than cis-IPDA and fractions containing different isomeric ratios of cis/trans IPDA (Abstract), including a fraction that contains a higher mass fraction of IPDA.
Funke teaches a feed stream, but does not expressly disclose the feed steam comprising IPNA or IPAA. However, it is well known in the art that feed streams of IPDA designed to be purified contain isophorone amino alcohol (Lettmann, 0004-0005) and further contains impurities of IPNA (Lettmann, 0004 and Rittsteiger (0015-0018). Accordingly, the position is taken that when Funke describes a feed stream of IPA, the feed stream contains the high boilers, low boilers, as well as IPNA and IPAA as taught in Lettmann and Rittsteiger.
As to claims 20-21, Funke discloses fractioning impurities having lower and higher boiling points than trans-IPDA in organic and aqueous fractions (steps ia and ib).
As to claims 22-26, Funke disclose a recycle process and multiple distillation steps using single columns or additional/multi columns (0034-0036). Accordingly, the position is taken that the skilled artisan would continue to distill to higher concentrations of impurities and higher concentrations of IPDA in order to arrive at the desired purity levels, desired isomeric ratios, and desired fraction contents.
As to claims 27-28, Funke discloses IPDA fractions having a cis/trans ratio of >73/27 and <66/34 (iii, iv in Absract).
As to claims 29 and 31, Funke in view of Rittsteiger teach feed streams containing 75-100% of IPDA, 0-15% of water, 0-6% of low boilers, and 0-6% of high boilers (See 0015-0016 in Rittsteiger).
As to claims 30 and 33-34, Funke discloses a feed stream is obtained converting IPN in the presence of NH3 and a hydrogenation catalyst in single steps or multiple steps in a single reactor (0004-0010).
As to claim 32, Funke discloses processes of converting IPDA to isophorone diisocyanate with phosgene (0002).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763