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 § 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.
Claims 8, 9, and 12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
With respect to claim 8, the claim recites the limitation “the amount of liquid temperature control medium.” There is insufficient antecedent basis for this limitation in the claim.
With respect to claim 9, the claim recites the limitation “the minimum amount of liquid temperature control medium.” There is insufficient antecedent basis for this limitation in the claim.
With respect to claim 12, the claim recites the limitation “the region of passage openings.” There is insufficient antecedent basis for this limitation in the claim.
With respect to claim 9, it is not at all clear what is meant by the limitation “nameplate operation,” and the claim is thus indefinite because the person having ordinary skill in the art would not be able to discern the intended scope of such limitation.
Allowable Subject Matter
Claims 8-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office Action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claims 8-14, Examiner finds Olbert (US 2005/0118088) to be the closest relevant prior art reference. Olbert discloses a process for producing phosgene by gas phase reaction of carbon monoxide and chlorine in the presence of a catalyst in a shell-and-tube reactor comprising catalyst tubes surrounded by a reactor shell which accommodate the catalyst and around which a temperature control medium flows, and baffle plates arranged at right angles to the catalyst tubes in order to generate crossflow of the temperature control medium with respect to the catalyst tubes, the process comprising: (a) feeding a gas mixture comprising carbon monoxide and chlorine into the reactor such that the mixture enters the catalyst tubes at one end; (b) reacting the carbon monoxide with chlorine to produce phosgene product stream in the catalyst tubes; and (c) withdrawing the phosgene product from the reactor (see Olbert, Abstract; and paragraphs [0072]-[0102]). However, Olbert does not disclose or otherwise suggest wherein the amount of temperature control medium is sufficiently large that the temperature of the temperature control medium, in the event of failure of temperature control medium flow, reaches the normal boiling point of the temperature control medium no earlier than after 90 seconds. Thus, Examiner finds Applicant’s claims 8-14 patentable over the disclosure of Olbert.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Boyer whose telephone number is (571) 272-7113. The examiner can normally be reached Monday through Friday from 10:00 A.M. to 7:00 P.M. (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Prem C. Singh, can be reached at (571) 272-6381. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Randy Boyer/
Primary Examiner, Art Unit 1771
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