DETAILED ACTION
For this Office action, Claims 1-10 are pending.
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 1-10 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. Independent Claims 1, 6 9 and 10 all recite “a nonaqueous liquid for pretreatment having a relative permittivity at 25⁰C of 20 or higher”; however, this limitation is considered indefinite because the claim language is unclear whether the claimed nonaqueous liquid for pretreatment is required to be at 25⁰C during pretreatment/contact of the ion exchange resin or not to read on the claims. The limitation as filed only recites that the nonaqueous liquid for pretreatment needs to have the claimed relative permittivity of 20 or higher at the given temperature, so the language is unclear if (a) the pretreatment must be performed at this temperature and if (b) the nonaqueous liquid for pretreatment may be of other relative permittivities at different temperatures (especially if the pretreatment may be performed at different temperatures). For these reasons, the claims are considered indefinite and rejection is required. Applicant is urged to address these issues in the response to this Office action. For purposes of this examination, the examiner will assume the pretreatment must be performed in conditions where the relative permittivity of the nonaqueous liquid for pretreatment is at the claimed range.
Claims 1-8 and 10 are further rejected under 35 U.S.C. 112(b) for reciting “the concentration of metals to be reduced in the nonaqueous liquid for pretreatment”, which lacks established antecedent basis. The claims do not recite that the nonaqueous liquid for pretreatment comprises a concentration of metals to be reduced, so the claim is not clear if a liquid that started with a concentration of metal below the recited threshold would inherently read on the claim or not. For purposes of this examination, the examiner will assume the nonaqueous liquid for pretreatment has a concentration of metal above the threshold before pretreatment to read on the claims.
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.
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.
Claims 1-3 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shiotani et al. (herein referred to as “Shiotani”, JP 2021001124A).
Regarding instant Claim 1, Shiotani discloses a method for purifying a nonaqueous liquid using an ion exchange resin (Abstract; treatment of nonaqueous liquid by passing said liquid through ion exchange resin after dehydration treatment), the method comprising:
bringing the ion exchange resin into contact with a nonaqueous liquid for pretreatment (Paragraph [0011]; Paragraph [0017]; nonaqueous liquid for pretreatment is washed over granular resin, may include methanol, ethanol or isopropyl alcohol);
bringing the ion exchange resin after the pretreatment into contact with a nonaqueous liquid to be purified (Abstract; Paragraph [0011]; Paragraph [0017]; Paragraph [0019]; liquid to be purified then flows through the resin for treatment);
wherein the concentration of metals to be reduced in the nonaqueous liquid for pretreatment is 5 μg/L or less (Paragraph [0039]; see that range of desired metal impurities is well below 5 μg/L).
However, while the reference is silent on relative permittivities of the liquids undergoing the treatment, the reference does disclose a preferred temperature of 25⁰C (Paragraph [0035]) and the use of multiple nonaqueous liquids as both the pretreatment liquid and the liquid to be treated (Paragraph [0017]; Paragraph [0019]). It would therefore be obvious to one of ordinary skill in the art at the time the invention was filed to modify the nonaqueous liquid for pretreatment and the nonaqueous liquid to be purified to have relative permittivities above 20 at 25⁰C (see methanol) and the nonaqueous liquid for pretreatment to have a higher relative permittivity than the liquid to be purified (see methanol versus isopropyl alcohol, as an example) in order to optimize the resin pretreatment and the treatment of the liquid to one’s preferences (Abstract; Paragraph [0011]; Paragraph [0017]; Paragraph [0019]).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Shiotani further discloses wherein the nonaqueous liquid for pretreatment is methanol having a water concentration of 100 ppm or less (Paragraph [0017]; Paragraph [0039]; methanol, low levels of metal contaminant).
Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. Shiotani further discloses wherein the ion exchange resin comprises at least a cation exchange resin (Paragraph [0013]; Paragraph [0025]; see cation exchange groups).
Regarding instant Claim 5, Claim 1, upon which Claim 5 is dependent, has been rejected above. Shiotani further discloses wherein the nonaqueous liquid to be purified is IPA (Paragraph [0017]; IPA being isopropyl alcohol).
Regarding instant Claim 6, Shiotani discloses an apparatus for purifying a nonaqueous liquid using an ion exchange resin (Abstract; apparatus for treatment of nonaqueous liquid by passing said liquid through ion exchange resin after dehydration treatment), the apparatus comprising:
a pretreatment device provided with pretreatment means for bringing the ion exchange resin into contact with a nonaqueous liquid for pretreatment (Paragraph [0011]; Paragraph [0017]; nonaqueous liquid for pretreatment is washed over granular resin, may include methanol, ethanol or isopropyl alcohol);
a purification device provided with purification means for bringing the ion exchange resin, which has been brought into contact with the nonaqueous liquid for pretreatment, into contact with the nonaqueous liquid to be purified (Abstract; Paragraph [0011]; Paragraph [0017]; Paragraph [0019]; liquid to be purified then flows through the resin for treatment);
wherein the concentration of metals to be reduced in the nonaqueous liquid for pretreatment is 5 μg/L or less (Paragraph [0039]; see that range of desired metal impurities is well below 5 μg/L).
However, while the reference is silent on relative permittivities of the liquids undergoing the treatment, the reference does disclose a preferred temperature of 25⁰C (Paragraph [0035]) and the use of multiple nonaqueous liquids as both the pretreatment liquid and the liquid to be treated (Paragraph [0017]; Paragraph [0019]). It would therefore be obvious to one of ordinary skill in the art at the time the invention was filed to modify the nonaqueous liquid for pretreatment and the nonaqueous liquid to be purified to have relative permittivities above 20 at 25⁰C (see methanol) and the nonaqueous liquid for pretreatment to have a higher relative permittivity than the liquid to be purified (see methanol versus isopropyl alcohol, as an example) in order to optimize the resin pretreatment and the treatment of the liquid to one’s preferences (Abstract; Paragraph [0011]; Paragraph [0017]; Paragraph [0019]).
Regarding instant Claim 7, Claim 6, upon which Claim 7 is dependent, has been rejected above. Shiotani further discloses wherein the nonaqueous liquid for pretreatment is methanol having a water concentration of 100 ppm or less (Paragraph [0017]; Paragraph [0039]; methanol, low levels of metal contaminant).
Regarding instant Claim 8, Claim 6, upon which Claim 8 is dependent, has been rejected above. Shiotani further discloses wherein the ion exchange resin comprises at least a cation exchange resin (Paragraph [0013]; Paragraph [0025]; see cation exchange groups).
Regarding instant Claim 9, Shiotani discloses a pretreatment device for an ion exchange resin used for purification of a nonaqueous liquid (Abstract; apparatus for treatment of nonaqueous liquid by passing said liquid through ion exchange resin after dehydration treatment), the device comprising:
pretreatment means for bringing the ion exchange resin into contact with a nonaqueous liquid for pretreatment (Paragraph [0011]; Paragraph [0017]; nonaqueous liquid for pretreatment is washed over granular resin, may include methanol, ethanol or isopropyl alcohol);
wherein the nonaqueous liquid for pretreatment is passed through the ion exchange resin at 1 BV or higher in the pretreatment means (Paragraph [0033]; Paragraph [0035]; volume of solvent/liquid is well over the packed bed volume).
However, while the reference is silent on relative permittivities of the liquids undergoing the treatment, the reference does disclose a preferred temperature of 25⁰C (Paragraph [0035]) and the use of multiple nonaqueous liquids as both the pretreatment liquid and the liquid to be treated (Paragraph [0017]; Paragraph [0019]). It would therefore be obvious to one of ordinary skill in the art at the time the invention was filed to modify the nonaqueous liquid for pretreatment and the nonaqueous liquid to be purified to have relative permittivities above 20 at 25⁰C (see methanol) and the nonaqueous liquid for pretreatment to have a higher relative permittivity than the liquid to be purified (see methanol versus isopropyl alcohol, as an example) in order to optimize the resin pretreatment and the treatment of the liquid to one’s preferences (Abstract; Paragraph [0011]; Paragraph [0017]; Paragraph [0019]).
Regarding instant Claim 10, Shiotani discloses a method for producing an ion exchange resin used for purification of a nonaqueous liquid (Abstract; treatment of nonaqueous liquid by passing said liquid through ion exchange resin after dehydration treatment), the method comprising:
bringing the ion exchange resin into contact with a nonaqueous liquid for pretreatment (Paragraph [0011]; Paragraph [0017]; nonaqueous liquid for pretreatment is washed over granular resin, may include methanol, ethanol or isopropyl alcohol);
wherein the concentration of metals to be reduced in the nonaqueous liquid for pretreatment is 5 μg/L or less (Paragraph [0039]; see that range of desired metal impurities is well below 5 μg/L).
However, while the reference is silent on relative permittivities of the liquids undergoing the treatment, the reference does disclose a preferred temperature of 25⁰C (Paragraph [0035]) and the use of multiple nonaqueous liquids as both the pretreatment liquid and the liquid to be treated (Paragraph [0017]; Paragraph [0019]). It would therefore be obvious to one of ordinary skill in the art at the time the invention was filed to modify the nonaqueous liquid for pretreatment and the nonaqueous liquid to be purified to have relative permittivities above 20 at 25⁰C (see methanol) and the nonaqueous liquid for pretreatment to have a higher relative permittivity than the liquid to be purified (see methanol versus isopropyl alcohol, as an example) in order to optimize the resin pretreatment and the treatment of the liquid to one’s preferences (Abstract; Paragraph [0011]; Paragraph [0017]; Paragraph [0019]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shiotani et al. (herein referred to as “Shiotani”, JP 2021001124A) as applied to claim 3 above, and further in view of Gisch et al. (herein referred to as “Gisch”, US Pat Pub. 2018/0001313).
Regarding instant Claim 4, Claim 3, upon which Claim 4 is dependent, has been rejected above. Shiotani further discloses wherein the cation exchange resin is a gel-type strongly acidic cation exchange resin (Paragraph [0025]).
However, the reference is silent on said cation exchange resin having a degree of cross-linking of 16% to 24%.
Gisch discloses chromatographic separation of saccharides using strong acid exchange resin incorporating barium sulfate in the same field of endeavor as the instant application, as it solves the mutual problem of providing gel-type strong acid cation exchange resins (Abstract). Gisch further discloses wherein the degree of cross-linking of the resin can yield faster diffusion kinetics at the expense of bead breakage and operating pressures (Paragraph [0004]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the degree of cross-linking of the cation exchange resin of Shiotani to be of 16 to 24% because Gisch discloses the degree of cross-linking should be chosen in order to optimize diffusion kinetics against bead breakage and operating pressures (Gisch, Paragraph [0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wilkes, US 11505659, discloses a method of producing treated ion exchange material using a pre-treatment solution and high-energy radiation (Abstract), which is considered pertinent due to the similar problem solved of treating ion exchange resins. However, Wilkes’ disclosure is not similar enough to the instant claims to warrant a prior art rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 01/16/2026