CTNF 18/937,820 CTNF 90868 DETAILED ACTION Notice of Pre-AIA or AIA Status: 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification The disclosure is objected to because of the following informalities: 06-13 AIA The abstract of the disclosure is objected to because of legal phraseology Correction is required. See MPEP § 608.01(b). 06-16 AIA Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means”, “said” and “comprising” should be avoided. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 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. 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1-2, 4, 6-9, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US PG Pub. 2016/0145390A1) in view of Mattiussi et al. (USP 5084134A) hereinafter referred to as Schmidt and Mattiussi, respectively . Regarding Claim 1 , Schmidt discloses a method comprising: discharging a polymer solution (“ Polyamides are one of the polymers produced on a large scale globally and, in addition to the main fields of use in films, fibers and materials, serve for a multitude of further end use ” ( ¶2)) in a single phase to an apparatus (“ Heat Exchanger ”, shown in figures 1-2) comprising: a shell (shown in figures 1-2, “ This includes heat exchangers, mixer/heat exchangers, plate heaters, heaters based on electromagnetic radiation. Preference is given to heating in step d) using a shell and tube heat exchanger ” ¶172); the shell having an inlet port for introducing a polymer solution into the shell and an outlet port for removing the polymer solution from the shell (shown in figures 1-2); where the shell does not contain any other ports other than the inlet port located at a top of the shell and the outlet port located at a bottom of the shell (shown in figures 1-2); operating the apparatus at a pressure and a temperature effective to maintain the polymer solution in a single phase during its travel through the apparatus from the inlet port to the outlet port of the shell (“ after the heating in step d), a biphasic reaction mixture consisting of a gaseous phase and a liquid phase is generally obtained ” (¶178), wherein the biphasic composition is formed after the heating step); and removing from the outlet port of the apparatus the polymer solution in the single phase (shown in figures 1-2, wherein the biphasic composition is formed after the heat exchanger step); the polymer solution at the outlet port being at a higher temperature as a temperature of the polymer solution at the inlet port (“ Preferably, the liquid output from the oligomerization zone or the liquid phase from the flash zone E1) in step d) is heated to a temperature at least 5° C., preferably at least 10° C., above the melting temperature ” ¶175). Although Schmidt discloses a shell and tube heat exchanger, Schmidt fails to disclose a plurality of plates in the shell; where the plurality of plates is stacked one atop the other to define a central passage that is in fluid communication with the inlet port to the shell; where the plurality of plates further defines a plurality of conduits, each conduit extending radially outwards from the central passage, where the plurality of conduits is in fluid communication with the central passage; where each conduit never decreases in width from an inner circumference to an outer circumference. Mattiussi, also drawn to a heat exchanger for polymers, teaches a plurality of plates (19) in the shell (16, shown in figure 1); where the plurality of plates is stacked one atop the other (shown in figure 3) to define a central passage (21) that is in fluid communication with the inlet port (1) to the shell (shown in figure 1); where the plurality of plates (19) further defines a plurality of conduits (14), each conduit extending radially outwards from the central passage (shown in figure 3), where the plurality of conduits is in fluid communication with the central passage (shown in figure 3); where each conduit never decreases in width from an inner circumference to an outer circumference (shown in figure 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the shell and tube heat exchanger of Schmidt with a plurality of plates in the shell; where the plurality of plates is stacked one atop the other to define a central passage that is in fluid communication with the inlet port to the shell; where the plurality of plates further defines a plurality of conduits, each conduit extending radially outwards from the central passage, where the plurality of conduits is in fluid communication with the central passage; where each conduit never decreases in width from an inner circumference to an outer circumference, as taught by Mattiussi, the motivation being to ensure uniform heat exchange through the heat exchanger with a plurality of channels having substantially uniform ratio of surface/volume. Regarding Claim 2 , Schmidt further discloses reducing a pressure of the polymer solution downstream of the apparatus to facilitate a conversion of the single phase polymer solution into two phases (“ In step e) of the process according to the invention, the heated composition from step d) is fed into a flash zone E2) and subjected to an expansion to obtain a water-containing gas phase and a polyamide-containing liquid phase ” ¶180), see also figures 1-2, wherein a valve is placed downstream of the heat exchanger, “ at least one pressure-reducing valve ” ¶171). Regarding Claim 4 , a modified Schmidt further discloses the polymer solution travels from the inlet port (1 of Mattiussi) of the shell to the central passage (21 of Mattiussi), from the central port through the plurality of conduits and then to the outlet port of the shell (2 of Mattiussi ). Regarding Claim 6 , Schmidt further discloses a temperature of the polymer solution at the inlet port is 120°C to 230°C (“ The temperature in the oligomerization zone is preferably within a range from about 200 to 290° C. ” (¶148), wherein the temperature leaves the oligomerization zone at a temperature of 200 °C -290 °C , and “ the temperature in the flash zone E1) in step c) is within a range from 170 to 290° C (¶164)) and a pressure of the polymer solution at the inlet port is 35 to 250 kilogram-force per square centimeter (“ The absolute pressure in the oligomerization zone is preferably within a range from 20 to 100 bar ” (¶177) and “ the output from the oligomerization zone is expanded in step c) to an absolute pressure at least 5 bar, preferably at least 10 bar and especially at least 15 bar below the pressure in the oligomerization zone ” ¶161 and “ the absolute pressure in the flash zone E1) in step c) is within a range from 10 to 50 bar ” ¶162). 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 Claim 7 , Schmidt further discloses a temperature of the polymer solution at the outlet port is 200°C to 300°C (“ the liquid output from the oligomerization zone…in step d) is heated to a temperature at least 5° C., preferably at least 10° C., above the melting temperature Tm 2 of the aliphatic or semiaromatic polyamide ” (¶175), it is well known that the melting temperature of the polyamide (PA6.10) is 210°C - 230°C, refer to the conclusion section for an example and detailed explanation wherein references are cited but not relied upon regarding the instant rejection) and a pressure of the polymer solution at the outlet port is 20 to 200 kilogram-force per square centimeter (“ the absolute pressure of the heated reaction mixture is reduced in step d) to a pressure of less than 35 bar, preferably of less than 20 bar ” ¶177). 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 Claim 8 , although Schmidt further discloses (“ Since the polyamides obtained by the process according to the invention have a molecular weight sufficient for end uses and a correspondingly high viscosity ” (underline for reference) and “ The semiaromatic polyamide, and that obtained by the process according to the invention, preferably has a viscosity number of 80 to 120 ml/g ”, wherein the intrinsic viscosity is taught in Schmidt), Schmidt fails to explicitly disclose the polymer solution has a solution viscosity of 100 to 2,000,000 centipoise at the shear rate under which the apparatus operates. Mattiussi, also drawn to a heat exchanger for polymers, teaches the polymer solution has a solution viscosity of 100 to 2,000,000 centipoise at the shear rate under which the apparatus operates (“ Any viscous polymer solution may be used in the process of the present invention. These polymer solutions have generally a viscosity in the molten state over 10,000 centipoises and preferably ranging from 100,000 to 1,000,000 centipoises ” col. 4 ll. 1-5). It is noted that Matussi teaches that known high viscosity polymer solutions (“ a high viscosity by indirect heating ”) have a viscosity in the range of 100,000 to 1,000,000 centipoises. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the polymer solution of Schmidt with having a solution viscosity of 100,000 to 1,000,000 centipoise at the shear rate under which the apparatus operates, as taught by Mattiussi, the motivation being to control the flowability of the solution, to resist deformation or to resist sagging. Regarding Claim 9 , a modified Schmidt further teaches each conduit (14 of Mattiussi) has a varying width over its entire length (shown in figure 2). Regarding Claim 11 , a modified Schmidt further teaches where each conduit (14 of Mattiussi) is in fluid communication with a wall that contains tubes (13 of Mattiussi) through which a heat transfer fluid is transported (shown in figure 1). Regarding Claim 13 , a modified Schmidt further teaches, where the polymer solution leaves the outlet port at a temperature that is higher than a temperature at the inlet port (“ the liquid output from the oligomerization zone…in step d) is heated to a temperature at least 5° C., preferably at least 10° C., above the melting temperature Tm 2 of the aliphatic or semiaromatic polyamide ” (¶175)) . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US PG Pub. 2016/0145390A1) in view of Mattiussi et al. (USP 5084134A) as applied in Claims 1-2, 4, 6-9, 11 and 13 above and in further view of Finkeldei (Translation of DE102004009105A1), hereinafter referred to as Finkeldei . Regarding Claim 3 , Schmidt further discloses the polymer solution is heated at a temperature from inlet port to outlet port (“ Specifically, the liquid output from the oligomerization zone or the liquid phase from the flash zone E1) in step d) is heated to a temperature of at least 310° C ” (¶175)). Schmidt fails to disclose the polymer solution is heated at a constant temperature. Finkeldei, also drawn to a heat exchanger for polymer, teaches a polymer solution is heated at a constant temperature (“ A heat exchanger (WT) for keeping a constant temperature in polymers being taken from a polymerisation reactor for further processing ”). Schmidt does however disclose that a polymer solution is maintained within a current temperature range through the heat exchanger in order to eliminate any solid phase of the polymer from forming. One of ordinary skill in the art would recognize that there is a need in the art to maintain a predetermined temperature range of a polymer solution in order to mitigate the formation of solid phase particles for a more economically viable process or to reduce side reactions and a deterioration in the properties of the polyamide. Therefore, when there are a finite number of identified, predictable solutions, i.e. the solution being maintained at a constant or non-constant temperature, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. that the solution is maintained in a liquid phase without solidification, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to modify Schmidt, by having the polymer solution being heated at a constant temperature, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the abilities of one having ordinary skill. See MPEP 2143(I)(E) . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US PG Pub. 2016/0145390A1) in view of Mattiussi et al. (USP 5084134A) as applied in Claims 1-2, 4, 6-9, 11 and 13 above and in further view of Aneja et al. (USP 4808262A), hereinafter referred to as Aneja . Regarding Claim 10 , Schmidt fails to disclose each conduit has a constant width over its entire length. Aneja, also drawn to a heat exchanger for polymers, teaches each conduit (39) has a constant width over its entire length (shown in figure 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Schmidt with each conduit having a constant width over its entire length, as taught by Aneja, the motivation being to control the flow of the solution with a constant velocity, constant pressure drop and constant conditioning time within the heat exchanger . 07-21-aia AIA Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US PG Pub. 2016/0145390A1) in view of Mattiussi et al. (USP 5084134A) as applied in Claims 1-2, 4, 6-9, 11 and 13 above and in further view of Boothe et al. (US PG Pub. 2009/0273112A1), hereinafter referred to as Boothe . Regarding Claim 12 , although Schmidt discloses the temperature of the polymer solution being controlled within a predetermined range, Schmidt fails to disclose the polymer solution leaves the outlet port at a temperature that is lower than a temperature at the inlet port. Boothe, also drawn to a polymer conditioning process, teaches a heat exchanger (250) for having the polymer solution leaving the outlet port at a temperature that is lower than a temperature at the inlet port (“ The temperature and flow rate of the circulating medium is carefully regulated by a control unit, not shown. This unit is capable of reducing the temperature of the melt prepared in vessel 10 to that which will allow extrusion of the melt through the die plate 65 with reduced likelihood of wrap around the die face by the cutter, improved pellet geometry, lower pellet temperature, and less aggregation and agglomeration of the pellets ” ¶29). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Schmidt with the polymer solution leaving the outlet port at a temperature that is lower than a temperature at the inlet port, as taught by Boothe, the motivation to provide “ regulation of the thermal, shear, and rheological characteristics of narrow melting-range materials and polymeric mixtures, formulations, dispersions or solutions. The apparatus and process can then be highly regulated to produce consistent, uniform pellets of low moisture content for these otherwise difficult materials to pelletize ”, (abstract) . 07-21-aia AIA Claim s 1, 5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (US PG Pub. 2016/0145390A1) in view of Oldershaw et al. (USP 3014702A) and in further view of Aneja et al. (USP 4808262A), hereinafter referred to as Oldershaw and Aneja, respectively . Regarding Claim 1 , Schmidt discloses a method comprising: discharging a polymer solution (“ Polyamides are one of the polymers produced on a large scale globally and, in addition to the main fields of use in films, fibers and materials, serve for a multitude of further end use ” ( ¶2)) in a single phase to an apparatus (“ Heat Exchanger ”, shown in figures 1-2) comprising: a shell (shown in figures 1-2, “ This includes heat exchangers, mixer/heat exchangers, plate heaters, heaters based on electromagnetic radiation. Preference is given to heating in step d) using a shell and tube heat exchanger ” ¶172); the shell having an inlet port for introducing a polymer solution into the shell and an outlet port for removing the polymer solution from the shell (shown in figures 1-2); where the shell does not contain any other ports other than the inlet port located at a top of the shell and the outlet port located at a bottom of the shell (shown in figures 1-2); operating the apparatus at a pressure and a temperature effective to maintain the polymer solution in a single phase during its travel through the apparatus from the inlet port to the outlet port of the shell (“ During or after the heating in step d), a biphasic reaction mixture consisting of a gaseous phase and a liquid phase is generally obtained ” (¶178), wherein the biphasic composition is formed after the heating step); and removing from the outlet port of the apparatus the polymer solution in the single phase (shown in figures 1-2, wherein the biphasic composition is formed after the heating step); the polymer solution at the outlet port being at a higher temperature as a temperature of the polymer solution at the inlet port (“ Preferably, the liquid output from the oligomerization zone or the liquid phase from the flash zone E1) in step d) is heated to a temperature at least 5° C., preferably at least 10° C., above the melting temperature ” ¶175). Although Schmidt discloses a shell and tube heat exchanger, Schmidt fails to disclose a plurality of plates in the shell; where the plurality of plates is stacked one atop the other to define a central passage that is in fluid communication with the inlet port to the shell; where the plurality of plates further defines a plurality of conduits, each conduit extending radially outwards from the central passage, where the plurality of conduits is in fluid communication with the central passage; where each conduit never decreases in width from an inner circumference to an outer circumference. Oldershaw, also drawn to a heat exchanger for polymers, teaches a plurality of plates (19) in the shell (10, shown in figure 1); where the plurality of plates is stacked one atop the other (shown in figure 1) to define a central passage (30) that is in fluid communication with the inlet port (13) to the shell (shown in figure 1); where the plurality of plates (19) further defines a plurality of conduits (24), each conduit extending radially outwards from the central passage (shown in figure 2, where the plurality of conduits or spaces extend from the inside opening (30) to the opening (29)), where the plurality of conduits is in fluid communication with the central passage (shown in figure 1); It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the shell and tube heat exchanger of Schmidt with a plurality of plates in the shell; where the plurality of plates is stacked one atop the other to define a central passage that is in fluid communication with the inlet port to the shell; where the plurality of plates further defines a plurality of conduits, each conduit extending radially outwards from the central passage, where the plurality of conduits is in fluid communication with the central passage, as taught by Oldershaw, the motivation being “ to provide a heat. exchanger which is particularly adapted for modifying the temperature of a highly viscous fluid. A further object is to provide a heat exchanger which is highly efficient and at the same time is capable of being manufactured and assembled at a relatively low cost .” Schmidt fails to disclose the heat exchanger comprises conduits, wherein each conduit never decreases in width from an inner circumference to an outer circumference. Aneja, also drawn to a heat exchanger for polymers, teaches the heat exchanger (shown in figure 3) comprises conduits (140), wherein each conduit never decreases in width from an inner circumference to an outer circumference (shown in figure 4, Aneja further states, “ These channels provide heat exchange surfaces having a substantially uniform surface to volume ratio ” (col. 8 ll. 8-10) and “ Polymer degradation within this process is avoided by reducing the time of exposure to the devolatilization temperature for the polymers within solution. This short residence time is obtained by utilizing a short zone of indirect heat exchange wherein the heating takes place rapidly and efficiently. The zone of indirect heat exchange utilized in this process comprises a plurality of channels, each having a length of from about 0.5 to 12 inches” (col. 6 ll. 1-5)). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Schmidt with conduits, wherein each conduit never decreases in width from an inner circumference to an outer circumference, as taught by Aneja, the motivation being to provide uniform heat exchanger to the polymer or to reduce polymer degradation with controlled fluid paths through the channels that exchange heat rapidly and efficiently. Regarding Claim 5 , a modified Schmidt further teaches the working fluid travels from the inlet port (13 of Oldershaw) of the shell to a periphery of the shell (shown in figure 1 of Oldershaw), from the periphery of the shell through the plurality of conduits (shown in figure 1 of Oldershaw, wherein the working fluid travels through the spaces (24) between the stacked plates) to the center of the shell (30) and then to the outlet port of the shell (12). Regarding Claim 9 , a modified Schmidt further teaches each conduit (140 of Aneja) has a varying width over its entire length (shown in figure 4 of Aneja). Regarding Claim 10 , a modified Schmidt further teaches each conduit (39 of Aneja) has a constant width over its entire length (shown in figure 2). Conclusion NETZSCH-PA6.10 states, " Melting Temperature 210 to 230°C " Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800. 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, Len Tran can be reached at (571) 272-1184. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PAUL ALVARE/Primary Examiner, Art Unit 3763 Application/Control Number: 18/937,820 Page 2 Art Unit: 3763 Application/Control Number: 18/937,820 Page 3 Art Unit: 3763 Application/Control Number: 18/937,820 Page 4 Art Unit: 3763 Application/Control Number: 18/937,820 Page 5 Art Unit: 3763 Application/Control Number: 18/937,820 Page 6 Art Unit: 3763 Application/Control Number: 18/937,820 Page 7 Art Unit: 3763 Application/Control Number: 18/937,820 Page 8 Art Unit: 3763 Application/Control Number: 18/937,820 Page 9 Art Unit: 3763 Application/Control Number: 18/937,820 Page 10 Art Unit: 3763 Application/Control Number: 18/937,820 Page 11 Art Unit: 3763 Application/Control Number: 18/937,820 Page 12 Art Unit: 3763 Application/Control Number: 18/937,820 Page 13 Art Unit: 3763 Application/Control Number: 18/937,820 Page 14 Art Unit: 3763 Application/Control Number: 18/937,820 Page 15 Art Unit: 3763 Application/Control Number: 18/937,820 Page 16 Art Unit: 3763
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