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 Status
Claims 1-11 were filed in a preliminary amendment on 05/14/2024. Claims 1-11 have been amended.
Claims 1-11 are currently pending and under examination.
Priority
The instant application is a national stage application of PCT/KR2023/012565 filed on 08/24/2023, which claims foreign priority to Korean application no. 10-2023-0107080 filed on 08/16/2023 and Korean application no. 10-2022-0109527 filed on 08/30/2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/14/2024, 05/14/2024, and 11/14/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 112(b)
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.
Claim 8 is 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 8 recites the limitation "the upper discharge stream of the absorption column" in line 5 of the second paragraph of claim 8. Claim 8 depends on claim 1 which does not recite an “upper discharge stream of the absorption column”. Therefore, the limitation of “the upper discharge stream of the absorption column” is ambiguous because the presence of an upper discharge stream from the absorption column was not established prior to claim 8 and there is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3, 5, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (KR20180064986A, published 06/15/2018, PTO-892 with translation provided) ) in view of Shibusawa et al. (KR100932467B1, published 12/17/2009, IDS dated 05/14/2024, translation provided in PTO-892).
Song et al. teaches a continuous process for recovering (meth)acrylic acid (see Title). Song et al. teaches the process in Figure 1 (shown below and annotated for clarity). The mixed gas (1) contains (meth)acrylic acid (see 0004). Song et al. further teaches the non-condensable gas 101 from which (meth) acrylic acid has been degassed is discharged to the upper end of the (meth) acrylic acid absorption tower 100 (see 0084 of translation). At least a portion of the water phase 352 separated in
PNG
media_image1.png
636
908
media_image1.png
Greyscale
the phase separation tank may be supplied to the (meth) acrylic acid absorption tower 100 and used again as the absorption solvent 352, and some of the waste water may be treated. The acetic acid may be partially contained in the aqueous phase, and the concentration of the acetic acid contained in the aqueous phase may vary depending on the kind of the azeotropic solvent and the reflux ratio (see 0157). The crude (meth) acrylic acid (CAA) recovered through the above process can be obtained as (meth) acrylic acid (HPAA) of higher purity through an additional crystallization process. At this time, the high-boiling by-product separation process and the crystallization process can be performed under ordinary conditions, and the process conditions and the like are not specifically limited (see 0172 of translation). The conditions and results of operation of the azeotropic distillation column with toluene as the extraction solvent are summarized in Table 6 (translated version shown below).
The teachings of Song et al. differ from that of the instantly claimed invention in that Song et al. does not teach a crystallization and does not teach supplying the mother liquor of the crystallization to a high-boiling point separation column.
PNG
media_image2.png
534
652
media_image2.png
Greyscale
Shibusawa et al. teaches a method manufacturing acrylic acid (see Title). The method steps include (A) collecting the acrylic acid-containing gas obtained by gas-phase oxidation of the raw material gas as a crude acrylic acid-containing solution, (B) purifying the crude acrylic acid-containing solution, comprising a high boiling point component separation step (b1) for separating the high boiling point component from the distillation column, (c) a step of decomposing the Michael adduct contained in the high boiling point component to produce acrylic acid, and (d) a step for recovering the acrylic acid produced in the decomposition step (c) (see claim 1). The method further includes wherein the step (b) of purifying the acrylic acid-containing solution further comprises a crystallization purification step (b2) of separating the crystal obtained by crystallizing acrylic acid in the crude acrylic acid solution and the residual mother liquid, and at least a part of the residual mother liquor obtained in the crystallization purification step (b2) is supplied to a high boiling point component separation step (b1) (see claim 2). Shibusawa et al. further teaches that by providing a high boiling point component separation step, the decomposition of a Michael adduct and the recovery of acrylic acid can be performed more efficiently.
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Song et al. with the teachings of Shibusawa et al. by employing a crystallization and supplying the mother liquor of the crystallization to the high boiling point component separation step, as taught by Shibusawa et al., to arrive at the instantly claimed invention. It would have been prima facie obvious for one of ordinary skill in the art to include a crystallization step and supply the mother liquor to the high boiling point component separation step because, as taught by Shibusawa et al., the recovery of acrylic acid can be performed more efficiently. Furthermore, Song et al. teaches the high-boiling by-product separation process and the crystallization process can be performed under ordinary conditions, and the process conditions and the like are not specifically limited. One of ordinary skill in the art would have a reasonable expectation of success because both references aim to improve the purification of acrylic acid.
Regarding instant claim 1, Song et al. teaches mixed gas containing (meth)acrylic acid (1) and aqueous solution containing acetic acid (152) is supplied to absorption tower (100) and produces (meth)acrylic acid aqueous solution (102), corresponding to the instant step of bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain an (meth)acrylic acid aqueous solution. (Meth)acrylic acid aqueous solution (102) is supplied to extraction tower (200) with extraction solvent (302) and obtaining (meth)acrylic acid extract solution (203), corresponding to the instant step of supplying the (meth)acrylic acid aqueous solution to an extraction column, bring the aqueous solution in contact with an extraction solvent, and obtaining an extract including (meth)acrylic acid. While Song et al. does not explicitly teach every individual component within the extract solution (203), it is implicit that the extraction solvent is obtained in this stream as a necessary consequence of the extraction process which corresponds to the instant step of obtaining an extract including extraction solvent. This is further supported by the distillation of the (meth)acrylic acid extract solution (203) which produced top discharge (304) which is shown to contain the extraction solvent. (Meth)acrylic acid extract solution (203) is supplied to azeotropic distillation tower (300) and separated into lower discharge containing (meth)acrylic acid (303) and top discharge (304) which is shown in Table 6 to include the extraction solvent (toluene), corresponding to the instant step of supplying the extract to a solvent purification column and separating the extract into a lower discharge stream including (meth)acrylic acid and an upper discharge stream including the extraction solvent. The produced (meth)acrylic acid, as taught by Song et al., is then combined with teachings of Shibusawa et al. to include a crystallization purification step (b2) of separating the crystal obtained by crystallizing acrylic acid in the crude acrylic acid solution and the residual mother liquid, corresponding to the instant step of supplying the lower discharge stream of the solvent purification column to a crystallizer and obtaining (meth)acrylic acid in the crystallizer and a mother liquor. Shibusawa et al. further teaches at least a part of the residual mother liquor obtained in the crystallization purification step (b2) is supplied to a high boiling point component separation step (b1), corresponding to the instant step of supplying the mother liquor to a high-boiling point by-product separation column after crystallization and circulating an upper discharge stream of the high-boiling point by-product separation column from which high-boiling point by-products have been removed to the solvent purification column.
Regarding instant claim 2, Song et al. teaches the non-condensable gas 101 from which (meth) acrylic acid has been degassed is discharged as both waste at the upper end (see Fig. 1) and to the upper end of the (meth) acrylic acid absorption tower 100 which is supplied to the extraction tower (200) via the aqueous solution of (meth)acrylic acid (103), corresponding to the instant step of supplying the (meth)acrylic acid aqueous solution to a degassing column, and a lower discharge stream of the degassing column from which low-boiling point by-products have been removed is supplied to the extraction column.
Regarding instant claim 3, Song et al. teaches, in Table 6, the lower discharge containing (meth)acrylic acid (303) is 99.27 wt% (meth)acrylic acid. While Song et al. does not teach wherein the instant lower discharge stream of the solvent purification column being 90 to 95 wt%, a concentration of 99.27 wt% which is close to the instantly claimed range. Therefore, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (see MPEP 2144.05(I)).
Furthermore, regarding instant claim 3, Song et al. teaches the lower waste liquid 303 of the azeotropic distillation column 300 may contain, in addition to (meth) acrylic acid, a high-boiling by-product such as a polymer of (meth)acrylic acid, a polymerization inhibitor, or the like. Accordingly, if necessary, a step of supplying the lower discharge liquid of the azeotropic distillation column 300 to the high boiling point byproduct separation column 400 may be further performed to separate the high boiling point by-products contained in the lower discharge liquid 303 have (see 0171 of translation).
Consequently, Song et al. implicitly teaches that the specific composition and concentration of components within the lower waste liquid 303 can be directly impacted by the (meth)acrylic acid recovery process. Because the concentration of the lower waste liquid 303 constitutes a result-effective variable, it would have been obvious to a person of ordinary skill in the art to modify this concentration by selectively integrating the secondary purification step (column 400) as taught by Song et al. Therefore, one of ordinary skill in the art would have been motivated to adjust the concentration of the lower waste liquid via this additional separation step to maximize the recovery of purified (meth)acrylic acid and minimize the accumulation of unwanted heavy by-products, with a reasonable expectation of success.
Regarding instant claim 5, Song et al. teaches extraction tower (200) produces absorption solvent including water (201), corresponding to the instant raffinate. Absorption solvent (201) and the top discharge (304) of the azeotropic distillation tower (300), corresponding to the instant upper discharge stream of the solvent purification column, is supplied to phase separation tank (350), corresponding to the instant step of supplying to a layer separator. Phase separation tank (350) produces azeotropic solvent (301), corresponding to the instant organic phase, and water phase (352) and the acetic acid may be partially contained in the aqueous phase, corresponding to the instant water layer including water and acetic acid. Water phase (352) is then supplied to absorption tower (100) and some of the waste water may be treated (see Fig. 1 label “waste” below 350), corresponding to the instant step of a part of the water layer is circulated to the absorption column and the rest is discharged as waste water.
Regarding instant claim 7, Song et al. teaches the mixed gas (1) added to the absorption tower contains 1.85 wt% acetic acid (see 0193 of translation). At the top of the absorption tower, 8.2 wt% of acetic acid was added. Therefore, the total added acetic acid is 10.05 wt%. Song et al. further teaches from the uppermost stage of the (meth)acrylic acid absorption tower, the first concentration (meth)acrylic acid aqueous solution was discharged containing acetic acid in 3.84% by weight. The ratio of the discharged acetic acid to total acetic acid added to the tower (calculated in wt%) is calculated to be 38.2 wt%, corresponding to the instant flow rate ratio of acetic acid discharged to an upper portion of the absorption column based on a flow rate of the acetic acid introduced to the absorption column being 30 to 60 wt%.
Regarding instant claim 9, Song et al. teaches azeotropic solvent (301) from the phase separation tank (350) is supplied to azeotropic distillation tower (300), corresponding to the instant step of a part of the organic layer including extraction solvent is supplied to the solvent purification column. The organic phase from the phase separation tank (351) is also supplied to extraction tower (200), corresponding to the instant step of supplying another part of the organic layer to the extraction column.
Regarding instant claim 10, Song et al. teaches, in Table 6, azeotropic solvent (301), corresponding to the instant organic layer supplied to the solvent purification column, has a flow rate of 19.93 g/min. The distillation column top discharge (304), corresponding to the instant extraction solvent in the upper discharge stream of the solvent purification column, has a flow rate of 46.08. The ratio between these is 0.43, corresponding to the instant ratio of flow rates of the extraction solvent being 0.3 to 0.6.
Regarding instant claim 11, Song et al. teaches the extraction solvent is toluene, corresponding to the instant extraction solvent being selected from a list including toluene.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (KR20180064986A, published 06/15/2018, PTO-892 with translation provided) in view of Shibusawa et al. (KR100932467B1, published 12/17/2009, IDS dated 05/14/2024, translation provided in PTO-892), as applied to claim 1 above, and further in view of Baek et al. (KR20090041355A, published 04/28/2009, PTO-892).
The combined teachings of Song et al. and Shibusawa et al. were discussed above. Furthermore, Song et al. teaches the noncondensable gas 101 discharged to the top of the (meth)acrylic acid absorption tower 100 was discharged at 147.41 g / min. The concentration of (meth)acrylic acid in the discharged gas was 0.40 wt% and the ratio of H 2 O / N 2 was 16.4 : 100, the temperature of the second aqueous (meth)acrylic acid solution discharged was 74.1 °C (see 0214 of translation).
The combined teachings of Song et al. and Shibusawa et al. differ from that of the instantly claimed invention in that the combined teachings of Song et al. and Shibusawa et al. do not explicitly teach the recirculation gas being supplied to a cooling tower.
However, Song et al. teaches non-condensable gas (101) is supplied to acetic acid absorption column (150). Song et al. is silent on the temperature of the acetic acid absorption column but teaches the specific operating conditions of the acetic acid absorption tower 150 may be found in Korean Patent Publication No. 2009-0041355 (Baek et al.) (see 0089 of translation).
Baek et al. teaches the temperature of the top of the tower of the acetic acid absorption tower was maintained at 63 °C (see Example 5).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine the teachings of Song et al. and Shibusawa et al. with the teachings of Baek et al. by maintaining the temperature of the top of the tower of the acetic acid absorption tower at 63 ° C, and therefore, the acetic acid absorption tower would also function as a cooling tower. It would have been prima facie obvious for one of ordinary skill in the art to maintain the temperature of the top of the tower of the acetic acid absorption tower at 63 ° C because Song et al. explicitly teaches the conditions for the acetic acid absorption tower can be found in the teachings of Baek et al. One of ordinary skill in the art would have a reasonable expectation of success because Baek et al. teaches a successful example of an acetic acid absorption tower at this temperature.
Regarding instant claim 8, Song et al. teaches (meth)acrylic acid is generally prepared by a method of subjecting a compound such as propane, propylene, or (meth)acrolein to a gas phase oxidation reaction in the presence of a catalyst. For example, propane, propylene, and the like are converted into (meth) acrylic acid via (meth) acrolein by a gas phase oxidation reaction in the presence of a suitable catalyst in the reactor and (meth) acrylic acid, unreacted propane or propylene, (meth) acrolein, an inert gas, carbon dioxide, water vapor, and various organic by-products (acetic acid, low boiling point byproduct, high boiling point byproduct, etc.) by the reaction are obtained (see 0003 of translation). The (meth) acrylic acid-containing mixed gas (1) is brought into contact with the absorption solvent in the (meth) acrylic acid absorption tower (100) and recovered as a (meth) acrylic acid aqueous solution. Then, the decomposable gas in which the (meth) acrylic acid is deaerated is recycled to the synthesis reaction of (meth) acrylic acid (see 0004 of translation). Therefore, Song et al. teaches producing mixed gas of (meth)acrylic acid by a gas phase oxidation reaction using a compound such as propane, propylene, or (meth) acrolein, corresponding to the instant raw material compound, an inert gas, corresponding to the instant air, and decomposable gas which supplied to acetic acid absorption column (150) and then, is recycled to the synthesis reaction, corresponding to the instant recirculation gas in the reactor. Song et al. teaches the temperature of the second aqueous (meth)acrylic acid solution (as referred to as non-condensable gas 101) discharged was 74.1 °C. This is combined with the teachings of Baek et al. that the acetic acid absorption column (150) is maintained at a temperature of 63 °C, which one of ordinary skill in the art would understand to cool the non-condensable gas 101 and also functions as a cooling tower. Therefore, the acetic acid absorption column (150) corresponds to the instant cooling tower.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 and 7-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8, and 10 of copending Application No. 18709108 (‘108).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘108 recites the following: Claim 1: A method for preparation of (meth)acrylic acid, the method comprising: bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain a (meth)acrylic acid aqueous solution; supplying the (meth)acrylic acid aqueous solution to a crystallizer and performing crystallization to obtain purified (meth)acrylic acid and a mother liquor separated from the purified (meth)acrylic acid; supplying a part of the mother liquor to an extraction column and supplying the rest to a water separation column; bringing the mother liquor into contact with an extraction solvent in the extraction column to obtain a raffinate and an extract, and then supplying an extract stream including the extract to the water separation column; performing separation in the water separation column into an upper discharge stream of the water separation column including water, and a lower discharge stream of the water separation column including (meth)acrylic acid and high-boiling point by-products; and supplying the lower discharge stream of the water separation column to a high-boiling point by-product separation column and supplying an upper discharge stream of the high-boiling point by-product separation column including (meth)acrylic acid to the crystallizer. Claim 2: The method of claim 1, wherein the (meth)acrylic acid aqueous solution is supplied to a degassing column, and a lower discharge stream of the degassing column from which low-boiling point by-products have been removed is supplied to the crystallizer. Claim 3. The method of claim 1, wherein an amount of (meth)acrylic acid in the lower discharge stream of the degassing column is 85 wt% to 99 wt%. Claim 4: The method of claim 1, wherein the mother liquor includes (meth)acrylic acid, water, acetic acid, and high-boiling point by-products. Claim 5: The method of claim 1, wherein the upper discharge stream of the water separation column is supplied to a layer separator, a part of a water phase including water and acetic acid is circulated to the absorption column, and the rest is discharged as waste water. Claim 6: The method of claim 5, wherein the raffinate includes water, and a raffinate stream including the raffinate is supplied to the layer separator. Claim 8: The method of claim 5, wherein a flow rate ratio of acetic acid discharged to an upper portion of the absorption column is 30 wt% to 60 wt%, based on a flow rate of the acetic acid introduced to the absorption column. Claim 10: The method of claim 1, wherein the mixed gas including (meth)acrylic acid is a reaction product by of a gas phase oxidation reaction of a reactant including air, a raw material compound, and a recirculation gas in the reactor, and the recirculation gas is that, after a part of the upper discharge stream of the absorption column is supplied to the cooling tower and cooled, discharged as an upper discharge stream of the cooling tower and circulated to the reactor.
‘108 differs from that of the instantly claimed invention in that ‘108 does not explicitly recite the extract includes (meth)acrylic acid and the extraction solvent. Furthermore, ‘108 does not recite the same order of steps as the instant invention. In particular, ‘108 does not explicitly recite directly supplying the mother liquor of the crystallizer to the high-boiling point by-product separation column, and directly circulating an upper discharge stream of the high-boiling point by-product separation column to the solvent purification system.
Regarding the instant limitation of the extract including (meth)acrylic acid and the extraction solvent, however ‘108 recites the extraction obtains a raffinate including water and an extract (see claims 1 and 6) and further recites the water separation column produces an upper discharge stream…including water and a lower discharge stream…including (meth)acrylic acid.
Therefore, it would have been obvious before the effective filing date of the claimed invention to perform the extraction step of '108 such that the resulting extract contains both the (meth)acrylic acid and the extraction solvent. One of ordinary skill in the art would have been motivated to do so with a reasonable expectation of success because '108 explicitly teaches that the downstream separation column relies on this stream to isolate (meth)acrylic acid as a lower discharge stream, which chemically necessitates the presence of the acid and its carrier solvent in the feed extract.
Regarding the order of steps, ‘108 recites a method that is implicitly continuous based on the streams that are not isolated as product or waste being sent to previous steps. Furthermore, the method, as recited by ‘108, contains all of the elements of the instant method but with a different order of steps.
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify ‘108 by supplying the extract to the water separation column, supplying the mother liquor of the crystallizer to the high-boiling point by-product separation column, and circulating the upper discharge stream of the high-boiling point by-product separation column to the solvent purification system to arrive at the instantly claimed invention. It would have been prima facie obvious for one of ordinary skill in the art to modify the order of the steps of the method because modifying the sequence of purification and separation steps to optimize (meth)acrylic acid recovery and stream recycling is a routine design choice within the capability of a person of ordinary skill in the art. One of ordinary skill in the art would have a reasonable expectation of success because modifying the sequence of purification and recycling steps utilizes the known capabilities of the steps to achieve a predictable optimization of (meth)acrylic acid recovery.
Regarding instant claim 1, ‘108 recites bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain a (meth)acrylic acid aqueous solution, corresponding to the instant step of bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain a (meth)acrylic acid aqueous solution. ‘108 recites supplying the (meth)acrylic acid aqueous solution to a crystallizer and performing crystallization to obtain purified (meth)acrylic acid and a mother liquor separated from the purified (meth)acrylic acid; supplying a part of the mother liquor to an extraction column. ‘108 further recites that the mother liquor includes (meth)acrylic acid and water. Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of supplying the (meth)acrylic acid aqueous solution to an extraction column. ‘108 recites bringing the mother liquor into contact with an extraction solvent in the extraction column to obtain a raffinate and an extract. ‘108 further recites wherein the raffinate includes water (see claim 6) and is combined with the obviousness discussed above to have the extract include (meth)acrylic acid and extraction solvent, corresponding to the instant step of supplying the (meth)acrylic acid aqueous solution to an extraction column, bringing the (meth)acrylic acid aqueous solution into contact with an extraction solvent to perform extraction, and obtaining an extract including the (meth)acrylic acid and the extraction solvent. ‘108 recites supplying an extract stream including the extract to the water separation column; performing separation in the water separation column into an upper discharge stream of the water separation column including water, and a lower discharge stream of the water separation column including (meth)acrylic acid and high-boiling point by-products, corresponding to the instant step of supplying the extract to a solvent purification column and separating the extract into a lower discharge stream of the solvent purification column including (meth)acrylic acid, and an upper discharge stream of the solvent purification column including the extraction solvent. ‘108 recites supplying the lower discharge stream of the water separation column to a high-boiling point by-product separation column and supplying an upper discharge stream of the high-boiling point by-product separation column including (meth)acrylic acid to the crystallizer. Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of supplying the lower discharge stream of the solvent purification column to a crystallizer. ‘108 recites performing crystallization to obtain purified (meth)acrylic acid and a mother liquor separated from the purified (meth)acrylic acid, corresponding to the instant step of obtaining crystallized (meth)acrylic acid in the crystallizer and a mother liquor. ‘108 recites supplying…the mother liquor…to a water separation column… and supplying the lower discharge stream of the water separation column to a high-boiling point by-product separation column. Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of supplying the mother liquor to a high-boiling point by-product separation column after the crystallization. Lastly, ‘108 recites supplying an upper discharge stream of the high-boiling point by-product separation column including (meth)acrylic acid to the crystallizer… and performing crystallization to obtain… a mother liquor (and) supplying the mother liquor…to a water separation column. Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of circulating an upper discharge stream of the high-boiling point by-product separation column from which high-boiling point by-products have been removed to the solvent purification column.
Regarding instant claim 2,’108 recites wherein the (meth)acrylic acid aqueous solution is supplied to a degassing column, and a lower discharge stream of the degassing column from which low-boiling point by-products have been removed is supplied to the crystallizer (see claim 2). ‘108 further recites performing crystallization to obtain…a mother liquor separated from the purified (meth)acrylic acid; supplying a part of the mother liquor to an extraction column (see claim 1). Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of wherein the (meth)acrylic acid aqueous solution is supplied to a degassing column, and a lower discharge stream of the degassing column from which low-boiling point by-products have been removed is supplied to the extraction column.
Regarding instant claim 7, ‘108 recites wherein a flow rate ratio of acetic acid discharged to an upper portion of the absorption column is 30 wt% to 60 wt%, based on a flow rate of the acetic acid introduced to the absorption column, corresponding to the instant flow rate ratio of acetic acid discharged to an upper portion of the absorption column being 30 wt% to 60 wt%, based on a flow rate of the acetic acid introduced to the absorption column.
Regarding instant claim 8, ‘108 recites wherein the mixed gas including (meth)acrylic acid is a reaction product by of a gas phase oxidation reaction of a reactant including air, a raw material compound, and a recirculation gas in the reactor, and the recirculation gas is that, after a part of the upper discharge stream of the absorption column is supplied to the cooling tower and cooled, discharged as an upper discharge stream of the cooling tower and circulated to the reactor, corresponding to the instant mixed gas including (meth)acrylic acid being a reaction product by of a gas phase oxidation reaction of a reactant including air, a raw material compound, and a recirculation gas in the reactor, and the recirculation gas is that, after a part of the upper discharge stream of the absorption column is supplied to a cooling tower and cooled, discharged as an upper discharge stream of the cooling tower and circulated to the reactor.
Claims 3, and 9-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8, and 10 of copending Application No. 18709108 (‘108), as applied to claim 1 above, and further in view of Song et al. (KR20180064986A, published 06/15/2018, PTO-892 with translation provided).
The claims of ‘108 were discussed above.
The claims of ‘108 differ from that of the instantly claimed invention in that ‘108 does not recite an amount of (meth)acrylic acid included in the lower discharge stream of the solvent purification column is 90 to 95 wt%, as required by instant claim 3, a part of the organic layer including the extraction solvent is supplied to the solvent purification column and the rest is supplied to the extraction column, as required by instant claims 9 and 10, and wherein the extraction solvent includes a group including toluene, as required by instant claim 11.
The teachings of Song et al. were discussed above.
Regarding the instant limitation of the concentration of (meth)acrylic acid in the lower discharge of the solvent purification column, it would have been obvious before the effective filing date of the claimed invention to modify ‘108 with the teachings of Song et al. by optimizing the amount of (meth)acrylic acid included in the lower discharge stream of the solvent purification column to be 90 to 95 wt% to arrive at the instantly claimed invention. While Song et al. does not teach wherein the instant lower discharge stream of the solvent purification column being 90 to 95 wt%, Song et al. teaches a concentration of 99.27 wt% which is close to the instantly claimed range. Therefore, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (see MPEP 2144.05(I)). One of ordinary skill in the art would have a reasonable expectation of success because optimization of stream concentrations is routine method optimization.
Regarding the instant limitation of a part of the organic layer including the extraction solvent is supplied to the solvent purification column and the rest is supplied to the extraction column, it would have been obvious before the effective filing date of the claimed invention to modify ‘108 with the teachings of Song et al. by supplying the azeotropic solvent (301) to the azeotropic distillation tower (300) and also to extraction tower (200), as taught by Song et al., to arrive at the instantly claimed invention. It would have been prima facie obvious for one of ordinary skill in the art to recycle the organic phase from the layer separator because recycling the organic phase implicitly optimizes the solvent recovery and mass balance of the system. One of ordinary skill in the art would have a reasonable expectation of success because Song et al. teaches a successful example of recycling the organic phase.
Regarding the instant limitation of the extraction solvent being toluene, it would have been obvious before the effective filing date of the claimed invention to modify ‘108 with the teachings of Song et al. by using toluene as the extraction solvent to arrive at the instantly claimed invention. It would have been prima facie obvious for one of ordinary skill in the art to use toluene as the extraction solvent because Song et al. explicitly teaches toluene can be used as an extraction solvent for the purification of (meth)acrylic acid solutions. One of ordinary skill in the art would have a reasonable expectation of success because Song et al. teaches a successful example of using toluene as the extraction solvent.
Regarding instant claim 3, Song et al. teaches, in Table 6, the lower discharge containing (meth)acrylic acid (303) is 99.27 wt% (meth)acrylic acid. While Song et al. does not teach wherein the instant lower discharge stream of the solvent purification column being 90 to 95 wt%, a concentration of 99.27 wt% is close to the instantly claimed range. Therefore, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (see MPEP 2144.05(I)).
Regarding instant claim 9, Song et al. teaches azeotropic solvent (301) from the phase separation tank (350) is supplied to azeotropic distillation tower (300), corresponding to the instant step of a part of the organic layer including extraction solvent is supplied to the solvent purification column. The organic phase from the phase separation tank (351) is also supplied to extraction tower (200), corresponding to the instant step of supplying another part of the organic layer to the extraction column.
Regarding instant claim 10, Song et al. teaches, in Table 6, azeotropic solvent (301), corresponding to the instant organic layer supplied to the solvent purification column, has a flow rate of 19.93 g/min. The distillation column top discharge (304), corresponding to the instant extraction solvent in the upper discharge stream of the solvent purification column, has a flow rate of 46.08. The ratio between these is 0.43, corresponding to the instant ratio of flow rates of the extraction solvent being 0.3 to 0.6.
Regarding instant claim 11, Song et al. teaches the extraction solvent is toluene, corresponding to the instant extraction solvent being selected from a list including toluene.
Claims 1-3, 5, 7, and 9-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 6-7 of copending Application No. 18710686 (‘686) in view of Song et al. (KR20180064986A, published 06/15/2018, PTO-892 with translation provided).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘686 recites the following: Claim 1: A method for preparation of (meth)acrylic acid, the method comprising: bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain first and second (meth)acrylic acid aqueous solutions; discharging the first (meth)acrylic acid aqueous solution from a lower portion of the absorption column and supplying the solution to a crystallizer, and discharging the second (meth)acrylic acid aqueous solution from a side portion of the absorption column; supplying the second (meth)acrylic acid aqueous solution to a water separation column to obtain a distillate including (meth)acrylic acid and high-boiling point by-products; supplying the distillate to a high-boiling point by-product separation column and supplying an upper discharge stream of the high-boiling point by-product separation column including (meth)acrylic acid to the crystallizer; and obtaining purified (meth)acrylic acid in the crystallizer and circulating a part of a mother liquor recovered in the crystallizer to the absorption column and the rest to the water separation column. Claim 4: The method of claim 1, wherein an amount of the (meth)acrylic acid in an upper discharge stream of the high- boiling point by-product separation column is 90 wt% to 99 wt%. Claim 6: The method of claim 1, wherein a flow rate ratio of acetic acid discharged to an upper portion of the absorption column is 20 wt% to 80 wt%, based on a flow rate of the acetic acid introduced to the absorption column. Claim 7: The method of claim 1, wherein the obtaining of a distillate including (meth)acrylic acid and high-boiling point by- products includes: supplying a part of the second (meth)acrylic acid aqueous solution to an extraction column as an extraction column supply stream and supplying the rest to a water separation column as a water separation column supply stream; bringing an extraction solvent and the extraction column supply stream into contact with each other in the extraction column and supplying an extract stream including an extract to the water separation column; and separating an upper discharge stream of the water separation column including water and the distillate including (meth)acrylic acid and high-boiling point by-products as a lower discharge stream of the water separation column in the water separation column.
‘686 differs from that of the instantly claimed invention in that ‘686 does not explicitly recite the extract includes (meth)acrylic acid and an extraction solvent and does not explicitly recite an upper discharge stream of the solvent purification column including the extraction solvent. ‘686 also differs from that of the instantly claimed invention in that ‘686 does not recite the same order of steps as the instant invention. In particular, ‘686 does not explicitly recite supplying the lower discharge stream of the solvent purification column to a crystallizer and obtaining crystallized (meth)acrylic acid in the crystallizer and a mother liquor; and supplying the mother liquor to a high-boiling point by-product separation column after the crystallization.
The teachings of Song et al. were discussed above.
Regarding the instant limitation of the extract including (meth)acrylic acid and the extraction solvent and the upper discharge stream of the solvent purification column including the extraction solvent, it would have been obvious before the effective filing date of the claimed invention to perform the extraction step and solvent purification column of '686 such that the resulting extract contains both the (meth)acrylic acid and the extraction solvent and the upper discharge stream of the solvent purification column includes the extraction solvent. Song et al. also teaches both of these steps and the resulting extract containing both the (meth)acrylic acid and the extraction solvent and the upper discharge stream of the solvent purification column including the extraction solvent. One of ordinary skill in the art would have been motivated to do so with a reasonable expectation of success because Song et al. explicitly teaches that the purpose of an extraction column is to transfer the (meth)acrylic acid from an aqueous phase into an organic phase (the extraction solvent). Therefore, the resulting extract stream must contain both components by design to achieve successful mass transfer. Furthermore, the extraction solvent is intentionally selected to be the more volatile component (or to form a lower-boiling azeotrope) relative to the heavier byproducts or purified acid. Consequently, the solvent naturally vaporizes and concentrates in the upper discharge (overhead) stream for recovery. One of ordinary skill in the art would have a reasonable expectation of success because Song et al. teaches a successful example of the purification wherein the extract includes (meth)acrylic acid and extraction solvent which flows into the upper discharge of the solvent purification column including extraction solvent.
Regarding the order of steps, ‘686 recites a method that is implicitly continuous based on the streams that are not isolated as product or waste being sent to previous steps. Also, the method, as recited by ‘686, contains all of the elements of the instant method but with a different order of steps. Furthermore, Song et al. teaches the order of steps as recited by the instantly claimed method.
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify ‘686 with the teachings of Song et al. by supplying the lower discharge stream of the solvent purification column to a crystallizer and obtaining crystallized (meth)acrylic acid in the crystallizer and a mother liquor; and supplying the mother liquor to a high-boiling point by-product separation column after the crystallization to arrive at the instantly claimed invention. It would have been prima facie obvious for one of ordinary skill in the art to modify the order of the steps of the method because modifying the sequence of purification and separation steps to optimize (meth)acrylic acid recovery and stream recycling is a routine design choice within the capability of a person of ordinary skill in the art. One of ordinary skill in the art would have a reasonable expectation of success because modifying the sequence of purification and recycling steps utilizes the known capabilities of the steps to achieve a predictable optimization of (meth)acrylic acid recovery.
Regarding instant claim 1, ‘686 recites bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain first and second (meth)acrylic acid aqueous solutions, corresponding to the instant step of bringing a mixed gas including (meth)acrylic acid into contact with water in an absorption column to obtain a (meth)acrylic acid aqueous solution. ‘686 recites supplying a part of the second (meth)acrylic acid aqueous solution to an extraction column as an extraction column supply stream…bringing an extraction solvent and the extraction column supply stream into contact with each other in the extraction column and supplying an extract stream including an extract, which is modified by the teachings of Song et al. to include (meth)acrylic acid and the extraction solvent, to the water separation column, corresponding to the instant step of supplying the (meth)acrylic acid aqueous solution to an extraction column, bringing the (meth)acrylic acid aqueous solution into contact with an extraction solvent to perform extraction, and obtaining an extract including the (meth)acrylic acid and the extraction solvent and supplying the extract to a solvent purification column. ‘686 recites separating an upper discharge stream of the water separation column including water, which is modified by the teachings of Song et al. to also include the extraction solvent, and the distillate including (meth)acrylic acid and high-boiling point by-products as a lower discharge stream of the water separation column in the water separation column, corresponding to the instant step of separating the extract into a lower discharge stream of the solvent purification column including (meth)acrylic acid, and an upper discharge stream of the solvent purification column including the extraction solvent, in the solvent purification column. ‘686 recites supplying the distillate to a high-boiling point by-product separation column and supplying an upper discharge stream of the high-boiling point by-product separation column including (meth)acrylic acid to the crystallizer. Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of supplying the lower discharge stream of the solvent purification column to a crystallizer. ‘686 recites obtaining purified (meth)acrylic acid in the crystallizer and…a mother liquor recovered in the crystallizer, corresponding to the instant step of obtaining crystallized (meth)acrylic acid in the crystallizer and a mother liquor. ‘686 recites supplying an upper discharge stream of the high-boiling point by-product separation column including (meth)acrylic acid to the crystallizer…circulating a part of a mother liquor recovered in the crystallizer to the absorption column and the rest to the water separation column… to obtain a distillate… (and) supplying the distillate to a high-boiling point by-product separation column. Due to the transition phrase of the instant claims being “comprising” and therefore, not excluding additional unrecited elements (see MPEP 2111.03(I)), this corresponds to the instant step of supplying the mother liquor to a high-boiling point by-product separation column after the crystallization and circulating an upper discharge stream of the high-boiling point by-product separation column from which high-boiling point by-products have been removed to the solvent purification column.
Regarding instant claim 2, Song et al. teaches the non-condensable gas 101 from which (meth) acrylic acid has been degassed is discharged as both waste at the upper end (see Fig. 1) and to the upper end of the (meth) acrylic acid absorption tower 100 which is supplied to the extraction tower (200) via the aqueous solution of (meth)acrylic acid (103), corresponding to the instant step of supplying the (meth)acrylic acid aqueous solution to a degassing column, and a lower discharge stream of the degassing column from which low-boiling point by-products have been removed is supplied to the extraction column.
Regarding instant claim 3, Song et al. teaches, in Table 6, the lower discharge containing (meth)acrylic acid (303) is 99.27 wt% (meth)acrylic acid. While Song et al. does not teach wherein the instant lower discharge stream of the solvent purification column being 90 to 95 wt%, a concentration of 99.27 wt% is close to the instantly claimed range. Therefore, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (see MPEP 2144.05(I)).
Regarding instant claim 5, Song et al. teaches extraction tower (200) produces absorption solvent including water (201), corresponding to the instant raffinate. Absorption solvent (201) and the top discharge (304) of the azeotropic distillation tower (300), corresponding to the instant upper discharge stream of the solvent purification column, is supplied to phase separation tank (350), corresponding to the instant step of supplying to a layer separator. Phase separation tank (350) produces azeotropic solvent (301), corresponding to the instant organic phase, and water phase (352) and the acetic acid may be partially contained in the aqueous phase, corresponding to the instant water layer including water and acetic acid. Water phase (352) is then supplied to absorption tower (100) and some of the waste water may be treated (see Fig. 1 label “waste” below 350), corresponding to the instant step of a part of the water layer is circulated to the absorption column and the rest is discharged as waste water.
Regarding instant claim 7, ‘686 recites wherein a flow rate ratio of acetic acid discharged to an upper portion of the absorption column is 20 wt% to 80 wt%, based on a flow rate of the acetic acid introduced to the absorption column, corresponding to the instant flow rate ratio of acetic acid discharged to an upper portion of the absorption column being 30 wt% to 60 wt%, based on a flow rate of the acetic acid introduced to the absorption column. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 (I)).
Regarding instant claim 9, Song et al. teaches azeotropic solvent (301) from the phase separation tank (350) is supplied to azeotropic distillation tower (300), corresponding to the instant step of a part of the organic layer including extraction solvent is supplied to the solvent purification column. The organic phase from the phase separation tank (351) is also supplied to extraction tower (200), corresponding to the instant step of supplying another part of the organic layer to the extraction column.
Regarding instant claim 10, Song et al. teaches, in Table 6, azeotropic solvent (301), corresponding to the instant organic layer supplied to the solvent purification column, has a flow rate of 19.93 g/min. The distillation column top discharge (304), corresponding to the instant extraction solvent in the upper discharge stream of the solvent purification column, has a flow rate of 46.08. The ratio between these is 0.43, corresponding to the instant ratio of flow rates of the extraction solvent being 0.3 to 0.6.
Regarding instant claim 11, Song et al. teaches the extraction solvent is toluene, corresponding to the instant extraction solvent being selected from a list including toluene.
Claim 8 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 6-7 of copending Application No. 18710686 (‘686) in view of Song et al. (KR20180064986A, published 06/15/2018, PTO-892 with translation provided), as applied to claim 1 above, and further in view of Baek et al. (KR20090041355A, published 04/28/2009, PTO-892).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The combination of ‘686 and Song et al. were discussed above. Furthermore, Song et al. teaches the noncondensable gas 101 discharged to the top of the (meth) acrylic acid absorption tower 100 was discharged at 147.41 g / min. The concentration of (meth)acrylic acid in the discharged gas was 0.40 wt% and the ratio of H 2 O / N 2 was 16.4 : 100, the temperature of the second aqueous (meth)acrylic acid solution discharged was 74.1 °C (see 0214 of translation).
The combination of ‘686 and Song et al. differ from that of the instantly claimed invention in that the combined teachings of Song et al. and Shibusawa et al. do not explicitly teach the recirculation gas being supplied to a cooling tower.
However, Song et al. teaches non-condensable gas (101) is supplied to acetic acid absorption column (150). Song et al. is silent on the temperature of the acetic acid absorption column but teaches the specific operating conditions of the acetic acid absorption tower 150 may be found in Korean Patent Publication No. 2009-0041355 (Baek et al.) (see 0089 of translation).
Baek et al. teaches the temperature of the top of the tower of the acetic acid absorption tower was maintained at 63 °C (see Example 5).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine ‘686 and Song et al. with the teachings of Baek et al. by maintaining the temperature of the top of the tower of the acetic acid absorption tower at 63 ° C, and therefore, the acetic acid absorption tower would also function as a cooling tower. It would have been prima facie obvious for one of ordinary skill in the art to maintain the temperature of the top of the tower of the acetic acid absorption tower at 63 ° C because Song et al. explicitly teaches the conditions for the acetic acid absorption tower can be found in the teachings of Baek et al. One of ordinary skill in the art would have a reasonable expectation of success because Baek et al. teaches a successful example of an acetic acid absorption tower at this temperature.
Regarding instant claim 8, Song et al. teaches (meth)acrylic acid is generally prepared by a method of subjecting a compound such as propane, propylene, or (meth) acrolein to a gas phase oxidation reaction in the presence of a catalyst. For example, propane, propylene, and the like are converted into (meth) acrylic acid via (meth) acrolein by a gas phase oxidation reaction in the presence of a suitable catalyst in the reactor and (meth) acrylic acid, unreacted propane or propylene Meth) acrolein, an inert gas, carbon dioxide, water vapor, and various organic by-products (acetic acid, low boiling point byproduct, high boiling point byproduct, etc.) by the reaction are obtained (see 0003 of translation). The (meth) acrylic acid-containing mixed gas (1) is brought into contact with the absorption solvent in the (meth) acrylic acid absorption tower (100) and recovered as a (meth) acrylic acid aqueous solution. Then, the decomposable gas in which the (meth) acrylic acid is deaerated is recycled to the synthesis reaction of (meth) acrylic acid (see 0004 of translation). Therefore, Song et al. teaches producing mixed gas of (meth)acrylic acid by a gas phase oxidation reaction using a compound such as propane, propylene, or (meth) acrolein, corresponding to the instant raw material compound, an inert gas, corresponding to the instant air, and decomposable gas which supplied to acetic acid absorption column (150) and then, is recycled to the synthesis reaction, corresponding to the instant recirculation gas in the reactor. Song et al. teaches the temperature of the second aqueous (meth)acrylic acid solution (as referred to as non-condensable gas 101) discharged was 74.1 °C. This is combined with the teachings of Baek et al. that the acetic acid absorption column (150) is maintained at a temperature of 63 °C, which one of ordinary skill in the art would understand to cool the non-condensable gas 101 and also functions as a cooling tower. Therefore, the acetic acid absorption column (150) corresponds to the instant cooling tower.
Allowable Subject Matter
Claims 4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 is directed to the lower discharge stream of the solvent purification column in the instant process including a concentration of extraction solvent in an amount of 1 to 10 wt%.
The closest prior art is Song et al. (cited above).
Song et al. teaches, in Table 6, the amount of toluene, corresponding to the instant extraction solvent, in stream 303, corresponding to the instant lower discharge stream of the solvent purification column, is 0 wt%.
Song et al. does not teach the extraction solvent included in the lower discharge stream of the solvent purification column is 1 to 10 wt%.
Due to Song et al. teaching stream 303, corresponding to the instant lower discharge stream of the solvent purification column, comprises 0 wt% toluene, corresponding to the instant extraction solvent, Song et al. teaches away from the lower discharge stream including 1 to 10 wt% of the extraction solvent. Furthermore, the prior art does not teach a reason to modify the concentration of the extraction solvent in a lower discharge stream of a solvent purification column for purifying (meth)acrylic acid. Therefore, claim 4 is free of prior art.
Claim 6 is directed to the concentration of products in the upper discharge stream of the high-boiling point by-product separation column which includes 30-60 wt% extraction solvent.
The closest prior art is Song et al. (cited above).
Song et al. teaches high boiling point byproduct separation tower (400), corresponding to the instant high-boiling point by-product separation column (see Fig 1 above).
Song et al. does not teach the concentration of the discharge streams from the high boiling point byproduct separation tower (400).
While Song et al. does not teach the concentration of the discharge streams from the high boiling point byproduct separation tower, Song et al. does teach stream 303 being the feed stream for high boiling point byproduct separation tower (400). However, stream 303 is taught to include 0 wt% toluene, corresponding to the instant extraction solvent. Therefore, one of ordinary skill in the art would expect, based on the teachings of Song et al., that the high-boiling point by-product separation column to not include the extraction solvent. One of ordinary skill in the art also would not expect the extraction solvent to be generated in any way during the purification step and the prior art does not teach a reason to modify the amount of extraction solvent in a high boiling point byproduct separation for (meth)acrylic acid. Therefore, claim 6 is free of prior art.
Conclusion
No claim is found allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN WEEKS BRADY whose telephone number is (571)272-5906. The examiner can normally be reached 8am-5pm.
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, Scarlett Goon can be reached at (571) 272-5960. 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.
/KRISTEN W BRADY/ Examiner, Art Unit 1692
/SCARLETT Y GOON/ Supervisory Patent Examiner, Art Unit 1693
Prosecution Insights