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 Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, and 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Komplin et al. (US 7,381,852).
Komplin et al. disclose a hydrogenation catalyst comprising an alpha-alumina carrier [at least 95%], and an active metal supported on the carrier, e.g., Ni from 3 wt.% to 9 wt.%; the metal may also include from 0.1 wt.% to 1 wt.% of cobalt, and molybdenum from 1 wt.% to 4 wt.%. The pore volume of the support is from 0.30 ml/g to 0.5 ml/g; the BET surface area is less than 10 m2/g, most preferably from 4 m2/g to 7 m2/g. The support may also contain up to 0.6 wt. % silica (abstract; col. 8; col, 9, lines 6-20). This disclosure anticipates the instant claims.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (Green Chemistry, 2013).
Li et al. disclose 1,3-cyclopentanediol derived from furfural alcohol from lignocellulose. The instant claims are product-by-process claims; however, if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior art product was made by a different process. To that end, the 1,3-cyclopentanediol disclosed by Li et al. anticipates the instant 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komplin et al. (US 7,381,852).
The instant claim recites a lateral crush strength of 20N/particle to 200N/particle. Komplin et al. do not expressly teach this limitation; however, the reference teaches that due to the lack of small pores, the alpha-alumina support has a relatively high crush strength and inhibits the breakdown of the catalyst into fines over the catalyst life (col. 8, lines 51-56).
To that end, the instant claim is found obvious, as a person having ordinary skill in the art would recognize that the alumina support material taught by Komplin et al. has a high crush strength due to its lack of small pores. Such a person would know how to increase of decrease the porosity of the support material, e.g., by incorporating other forms of alumina, such as gamma or delta, that have more porosity than alpha-alumina.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komplin et al. and further in view of JP 2010082515.
The instant claim as a limitation, wherein the alpha-alumina has an acid point of 10 mmol/g or less when measured using ammonia desorption method. Komplin et al. do not expressly teach this limitation; however, the Japanese reference teaches a catalyst comprising a supported metal catalyst, wherein the support is alpha-alumina. The reference specifically teaches that alpha-alumina has an acid content from 0.01 to 0.09 mmol/g measured by ammonia desorption method (top of page 2).
The instant claim is rendered obvious by the combined reference teachings, since the Japanese refence teaches that alpha-alumina carriers, such as that taught by Komplin et al., comprise an acid content from 0.01 to 0.09 mmol/g measured by ammonia desorption method, which fits the parameter recited by the instant claim.
Claim(s) 8-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (Green Chemistry, 2013) in view of Komplin et al. (US 7,381,852).
The instant claim are drawn to a process for preparing 1,3-cyclopentanediol by hydrogenating 4-hydroxy-2-cyclopentenone in the presence of a catalyst comprising an alpha-alumina carrier and an active metal supported on the carrier.
Li et al. teach a process, wherein furfuryl alcohol, derived from lignocellulose, is rearranged to 4-hydroxy-2-cyclopentenone, and the latter is hydrogenated to produce 1,3-cyclopentanediol. The hydrogenation is conducted in the presence of a solvent, e.g., tetrahydrofuran, methanol, or water. The catalyst us either Pd/C, Ru/C, or Raney nickel, and may include bases such as CaO, ang MgO. The hydrogenation is conducted at a temperature of 433 K (about 160°C), and pressure of 5 MPa (about 50 bar) for about 1 hour (pages 3-6).
Li et al. do not teach the use of a catalyst comprising an active metal supported on alpha-alumina; however, Komplin et al, teach such a catalyst for use in hydrogenation reactions.
In view of the combined reference teachings, it would have been obvious to a person having ordinary skill in the art to substitute the catalysts taught by Li et al., with metal/alpha-alumina catalyst taught by Komplin et al. Although Komplin et al. teach a different reaction than that which is taught by Li et al., both references teach catalyzed hydrogenation reactions. Komplin et al. teach that due to the relatively non-acidic support, i.e., alpha-alumina, by-product production due to over hydrogenation of the substrate is less likely to occur. Using such an alpha-alumina supported metal catalyst in the process taught by Li et al., one would therefore reasonably expect a decreased in unexpected reactions that would form cyclopentanone and cyclohexanone, instead of the desired cyclopentanediol.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIKARL A WITHERSPOON whose telephone number is (571)272-0649. The examiner can normally be reached M-F 9am-9pm IFP.
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/SIKARL A WITHERSPOON/Primary Examiner, Art Unit 1692
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