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 .
DETAILED ACTION
This is a response to Applicant’s communication filed November 15, 2023. Application No. 18560953, is a 371 of PCT/US2022/028931, filed May 12, 2022, and claims the benefit of U.S. Provisional application Nos.: 63/201,947, filed May 20, 2021; and 63/201,946, filed May 20, 2021. Claims 1-20 are pending.
Claim Rejections - 35 USC § 102(a)(1)
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Janka et al., US2019/0389822 A1. Janka discloses a process for preparing a compound formula (I), the process comprising contacting a compound of formula (II) with an oxidizing agent in the presence of an oxidation catalyst and a solvent, wherein the oxidation catalyst comprises cobalt, manganese, and bromine; wherein formula (I) R2 is a methyl; and wherein formula (II) R1 is hydrogen and R2 is a methyl; the solvent comprises a monocarboxylic acid having 2 to 6 carbon atoms; and wherein a portion of said solvent is recycled from purge process. See Janka et al., US PG Publc’n. ‘822, paras. [0002], [0003], [0015], [0016], [0019], [0028], and [0089]; see also Id., para. [0020] for the oxidizing gas stream comprising oxygen; see Id., para. [0029], for the oxidation temperature ranges of 100C-180C; see Id., para. [0024] for the oxidizing gas stream comprising oxygen or air; see Id., claim 21 for the oxidizing pressure ranges of 50psig – 1000psig; see Id., [0031] for the solvent comprising acetic acid; see Id., para. [0036] for suitable sources of bromine including hydrobromic acid and or sodium bromide; see Id., para. [0037] for cobalt to manganese ratios of the catalyst system; see Id., claim 6 for ACFC comprising MCFC with yields higher than or at 70%; see Id., para. [0059], table 1, (also example 1) for FDCA produced at a yield of 0.036wt. %, and MCFC is 99.39wt%; lastly see Id., para. [0059], table 1 (example 3) for MFFC at 397.8ppmw in the solid product compositions. Accordingly, all the elements of the present invention are disclosed in the prior art.
Conclusion
No claims are allowed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached Monday - Friday, 9:00 a.m. -5:00 p.m..
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/TIMOTHY R ROZOF/Primary Examiner, Art Unit 1625