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.
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 1-8 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Claim 1 recites “the high-boiling impurities are substantially withdrawn through the bottom of the first distillation column” in step A)1) (lines 10-11).
The term “substantially” in this limitation a term of degree which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Consequently, it is unclear what is required for high-boiling impurities to be “substantially withdrawn” (as opposed to simply “withdrawn”) through the bottom of the first distillation column.
Applicant should amend claim 1 to provide appropriate clarification.
Claim 1 recites “the low boiling impurities are essentially withdrawn, as vapor, through the top of the first distillation column” In step A)2) (lines 12-13).
The term “essentially” in this limitation a term of degree which renders the claim indefinite. The term “essentially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Consequently, it is unclear what is required for low boiling impurities to be “essentially withdrawn” (as opposed to simply “withdrawn”) through the top of the first distillation column.
Applicant should amend claim 1 to provide appropriate clarification.
Claim 1 recites “a side outlet of the first distillation column” in step B) (lines 16-17).
Claim 1 earlier recites, in step A)3) (line 15), “a side outlet of the first distillation column”.
Thus, for the purposes of clarity, “a side outlet of the first distillation column” in lines 16-17 should be amended to recite --the side outlet of the first distillation column--.
Claims 2-8 are rejected due to their dependency on indefinite claim 1.
Claim 5 recites the limitation "the amount of liquid alcohol or mixture thereof" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites “the range 0.01-0.5%, preferably 0.02-0.04%,” in lines 2-3.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 5 recites the broad recitation “the range 0.01-0.5%”, and the claim also recites “preferably 0.02-0.04%” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 8 recites “the acetonitrile withdrawn from the second distillation column is further purified or concentrated, preferably by means of an additional distillation.”
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation “the acetonitrile withdrawn from the second distillation column is further purified or concentrated”, and the claim also recites “preferably by means of an additional distillation” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 1 is drawn to a process for recovering acetonitrile from an acetonitrile stream consisting of acetonitrile, 16 to 90 weight percent water, low boiling impurities having a boiling point below the boiling point of acetonitrile/water azeotrope, and high boiling impurities having a boiling point above the boiling point of acetonitrile.
Godbole (US 6,780,289) is one of the closest prior art references of record.
Godbole teaches a process for recovering acetonitrile from an acetonitrile stream 9 consisting of acetonitrile, 20-68 weight percent water, low boiling impurities having a boiling point below the boiling point of acetonitrile/water azeotrope, and high boiling impurities having a boiling point above the boiling point of acetonitrile (Figure 1, Column 4 Line 60-Column 5 Line 35, Column 7 Line 10-Column 8 Line 21), wherein the process successively comprises steps of:
A) Introducing the acetonitrile stream 9 into a first distillation column 10 and, by performing a subatmospheric pressure distillation, separating a first acetonitrile/water azeotrope and the low-boiling impurities from the high-boiling impurities (Figure 1, Column 4 Line 60-Column 5 Line 35, Column 7 Line 10-Column 8 Line 21), wherein:
1) the high-boiling impurities are withdrawn through the bottom of the first distillation column, i.e. via line 15 (Figure 1, Column 4 Line 60-Column 5 Line 35, Column 7 Line 10-Column 8 Line 21),
2) the low boiling impurities are withdrawn, as vapor, through the top of the first distillation column, i.e. via line 14 (Figure 1, Column 4 Line 60-Column 5 Line 35, Column 7 Line 10-Column 8 Line 21); and
3) the first acetonitrile/water azeotrope and any remaining low-boiling impurities are withdrawn via a side outlet 16 of the first distillation column (Figure 1, Column 4 Line 60-Column 5 Line 35, Column 7 Line 10-Column 8 Line 21).
B) introducing the first acetonitrile/water azeotrope withdrawn through the side outlet 16 of the first distillation column into a second distillation column 30, and by conducting a distillation at a pressure higher than atmospheric pressure, separating a second acetonitrile/water azeotrope of purified acetonitrile, wherein the second azeotrope is withdrawn, as vapor, from the top of the second distillation column, i.e. via line 33, and acetonitrile is withdrawn from the bottom of the second distillation column, i.e. via line 301 (Figure 1, Column 6 Line 20-Column 7 Line 10, Column 7 Line 10-Column 8 Line 21).
Wherein a liquid alcohol (allyl alcohol) has been added to the acetonitrile stream prior to said stream being fed to the first distillation column (Column 4 Line 62-Column 5 Line 3).
However, said liquid alcohol (allyl alcohol) does not have a boiling point in the range of 170-220 °C, nor does Godbole teach or fairly suggest the addition of an alcohol having such a boiling point.
There is no teaching, suggestion, or motivation in the prior art of record which would have led one of ordinary skill in the art to add an alcohol have a boiling point in the range of 170-220 °C to the acetonitrile stream of Godbole. There is no prior art of record which cures the deficiencies of Godbole.
The following references are equally close in scope to the invention of claim 1 as Godbole: US 4362603; US 6326508; US 6843890; US 2008/0073201; US 7,491,838; US 11,814,337.
Like Godbole, said references fail to teach or fairly suggest adding an alcohol having a boiling point in the range of 170-220 °C to the acetonitrile stream prior to introduction into the first distillation column. As with Godbole, there is no teaching, suggestion, or motivation in the prior art of record which would have led one of ordinary skill in the art to modify said references by adding an alcohol have a boiling point in the range of 170-220 °C to the acetonitrile stream prior to introduction into the first distillation column. There is no prior art of record which cures the deficiencies of said references.
In view of the above, claim 1 and its dependents are novel and non-obvious over the prior art of record.
Conclusion
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/JONATHAN LUKE PILCHER/Examiner, Art Unit 1772
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