Prosecution Insights
Last updated: May 29, 2026
Application No. 18/453,280

METHOD OF COMBINED SEPARATION AND CONVERSION OF AN OXYGENATE AND MICROCHANNEL REACTIVE DISTILLATION APPARATUS

Non-Final OA §112
Filed
Aug 21, 2023
Examiner
FADHEL, ALI Z
Art Unit
1772
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BATTELLE MEMORIAL INSTITUTE
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
372 granted / 488 resolved
+11.2% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
11 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
72.0%
+32.0% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 488 resolved cases

Office Action

§112
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 11/21/2023 has been considered by the Examiner. Status of Claims Claims 1-2 and 5-20, filed on 10/31/2023, are under consideration. Claims 3 and 21 are canceled, and claims 1, 5 and 6 are independent. Claim Objections Claims 7-12 and 14-20 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only (as it relates to pending claims 7-8), and cannot depend from any other multiple dependent claim (as it relates to pending claims 9-12 and 14-20). See MPEP § 608.01(n). Accordingly, the claims 7- not been further treated on the merits. Also, claim 14 is objected to because it recites “ZSM5” which should read “ZSM-5”. This catalyst designation is considered a name and should be spelled consistently as known in this art. 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 1-2 and 5-20 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 1 is indefinite because it does not fluidly connect the vapor microchannel to the wicking microchannel. It is noted that the claim recites that the two microchannel are “adjacent” but the claim is missing recitations to connect them. Also, the claim is missing recitation connecting the oxygenate in aqueous solution to the liquid inlet. Also, the claim is indefinite because it recites “conversion of an oxygenate in aqueous solution to more volatile intermediates for gas phase conversion”. Here, “more volatile” is unclear as to which reference point it is using (more volatile than oxygenate or aqueous/water or the solution?). Also, the recited “for gas phase conversion” is unclear because it is unknown if this conversion is the same as the vapor phase in the vapor microchannel in presence of the hydrophobic solid acid catalyst or if it is referring to a different conversion of the “intermediate”. The same issues exist in pending claims 5 and 6 which are rejected for the same reasons outlined above. Claims 5-6 are indefinite because they do not connect the oxygenate in aqueous solution of the preamble with the liquid that comprises the oxygenates and water (line 3). They also do not connect the aqueous solution of line 11-12 to the liquid. Additionally, claim 6 is indefinite because on line 9 the claim indicate “oxygenate is stripped” and on line 10 it indicates “at least one of the oxygenates is dehydrated”: these terms lack consistency and antecedent basis. It is not clear how many oxygenate/oxygenates are being claimed. For purpose of examination, it is assumed that the two microchannels are fluidly connected, and that the “more volatile intermediate” is the vapor phase oxygenate from the wicking microchannel which flow into the vapor microchannel for vapor/gas phase reaction with the hydrophobic solid acid catalyst. Claims 2 and 7-20 is also rejected under 35 USC §112 by virtue of its dependence from claim 1. Finally, claim 9 recites "the mass average temperature" which lacks antecedent basis. 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). The following is a statement of reasons for the indication of allowable subject matter: A search of pertinent prior art did not locate an apparatus or method that combines the separation/stripping of oxygenate from aqueous solution in a wicking microchannel having hydrophilic wick to provide a vapor, and flowing the vapor into adjacent vapor microchannel comprising hydrophobic solid acid catalyst that dehydrates the oxygenates to produce a vapor product. US 2007/0078285 disclose reaction of methanol to DME in microchannel reactors in what seems to be a single phase [0007]. However, this reference does not disclose using a wicking microchannel having hydrophilic wick to provide a vapor, and flowing the vapor into adjacent vapor microchannel comprising hydrophobic solid acid catalyst that dehydrates the oxygenates. Also, US 2002/0144600 discloses microchannel comprising a wick that can be used for separating liquids and vapors [0009], [0012] which has applications in reactive distillation with catalyst material for hydrolysis, hydrogenation, dehydrogenation and esterification [0016]. Similar disclosure is found in US 6,666,909. However, these references are silent about the claimed vapor microchannel comprising hydrophobic solid acid catalyst that dehydrates the oxygenates to produce a vapor product. Additionally, the combined evaporation, reaction, and separation in microchannels is disclosed by US 2008/0058434, US 2010/0280136 and US 2022/0090865. More specifically, US 2022/0090865 discloses evaporating a feed at microchannel feed inlet (Fig. 1 labels 124 and 142) to provide vapor feed into the microchannel pipe where it reacts and the vapors/reactants/products condense at the outlet of the microchannel by cooling (Abstract and [0015]). None of these references suggest the claimed elements of wicking microchannel that vaporizes the oxygen to react in adjacent microchannel in the vapor phase with hydrophobic solid acid. Furthermore US 2004/0082804 disclose microchannel for multiphase systems to facilitate phase-transfer catalyzed reactions [0009]; and US 2006/0129015 discloses microchannel having reactive distillation stages for alkylation or acylation reaction where a liquid phase comprising first reactant is contacted with catalyst wall in the microchannel, and where a vapor comprising alkylation/acylation agent is transferred from the vapor phase to the liquid phase for reaction and to form product in the liquid phase. However, as discussed above, no reference was located to suggest the claimed limitations directed to wicking microchannel having hydrophilic wick to provide a vapor, and flowing the vapor into adjacent vapor microchannel comprising hydrophobic solid acid catalyst that dehydrates the oxygenates. 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. 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, In Suk Bullock can be reached at 571-272-5954. 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. /ALI Z FADHEL/Primary Examiner, Art Unit 1772
Read full office action

Prosecution Timeline

Aug 21, 2023
Application Filed
Apr 23, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
85%
With Interview (+9.1%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 488 resolved cases by this examiner. Grant probability derived from career allowance rate.

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