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 Objections
Claim 17 is objected to because of the following informalities: on line 1, after “comprising”, the claim should recite “a rectification column” on a new line with line break indentation. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 31 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is a “use” claim which appears to be a method, but does not contain any method limitations and therefore does not fall in the statutory categories, see MPEP 2173.05(q). Applicant can recite a step of “utilizing the distillation plant in a chemical process” to overcome this rejection.
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 17-32 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.
Regarding claims 17-24 and 31-32, in claim 17, the recitation “the working medium” at the end of the first paragraph lacks clear antecedent basis in the claim and should recite “a working medium” at the first instance to overcome this rejection.
Regarding claims 17-24 and 31-32, in claim 17, the recitation “the main flow direction” at the end of the second paragraph lacks clear antecedent basis in the claim and should recite “a main flow direction” at the first instance to overcome this rejection.
Regarding claim 22, the recitation “the mixing element and/or the respective intermediate-stage mixing element” lacks antecedent basis in the claim, claim 22 would need to depend upon claim 20 for antecedent basis for “the respective intermediate-stage mixing element”.
Regarding claims 25-30, in claim 25, the recitation “the working medium” at the end of the second paragraph lacks clear antecedent basis in the claim and should recite “a working medium” at the first instance to overcome this rejection.
Regarding claims 25-30, in claim 25, the recitation “it” is recited twice in the 4th and 6th paragraphs respectively and lacks clarity as to what is meant by “it” in each case, applicant must recite what is meant by “it” with antecedent basis in each case.
Regarding claims 25-30, in claim 25, the recitation “the main flow direction” at the end of the last paragraph lacks clear antecedent basis in the claim and should recite “a main flow direction” at the first instance to overcome this rejection.
Regarding claim 31, the claim is a “use” claim which appears to be a method, but does not contain any method limitations and therefore fails to particularly claim a method, see MPEP 2173.05(q); applicant can recite a step of “utilizing the distillation plant in a chemical process” to overcome this rejection.
Allowable Subject Matter
Claims 17-32 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:
Considering claim 17, the prior art does not teach or fairly suggest a distillation plant for polymerizable substances comprising a rectification column having a reboiler and a vapor condenser, wherein a heat pump circuit comprising a compressor fluidically connects both the reboiler and the vapor condenser and is configured such that during operation of the distillation plant the reboiler is heated by the heat pump circuit and the vapor condenser is cooled by the heat pump circuit, wherein the heat pump circuit employs water as the working medium, wherein a mixing element is arranged between the compressor and the downstream reboiler, wherein the mixing element is configured such that during operation of the distillation plant in order to cool the working medium a cooling water is added in an amount such that a temperature of the working medium in the range from 80°C to 200°C can be established at the inlet of the reboiler and wherein the distillation plant is configured such that during operation of the distillation plant the working medium partially serves as cooling water, wherein the working medium serving as cooling water is withdrawn from a subregion of the heat pump circuit which extends in the main flow direction of the working medium from the reboiler to the vapor condenser.
Considering claim 25, the prior art does not teach or fairly suggest a process for producing a (meth)acrylate by reacting (meth)acrylic acid with an alcohol corresponding to the (meth)acrylate in the presence of an acidic catalyst and a polymerization inhibitor, comprising the steps of: providing a rectification column having a reboiler and a vapor condenser, wherein a heat pump circuit comprising a compressor fluidically connects both the reboiler and the vapor condenser and the heat pump circuit employs water as the working medium, performing an esterification within a reaction zone, wherein the components (meth)acrylic acid and alcohol are employed in a molar ratio in the range from 1.0:1.0 to 1.0:2.0, and wherein the esterification is carried out at a temperature in the range from 80°C to 150°C,and at an absolute pressure in the range from 0.2 to 5.0 bar, to obtain a resultant reaction mixture, separating the water of esterification formed in the esterification from the reaction mixture within the rectification column, wherein the reboiler is heated by the working medium flowing through it in the heat pump circuit, discharging a gaseous vapor stream enriched by the water of esterification at the top of the rectification column," condensing the vapor stream in the vapor condenser to form an organic phase and an aqueous phase, wherein the vapor condenser is cooled by the working medium flowing through it in the heat pump circuit and the working medium at the outlet of the vapor condenser has a temperature in the range from 35°C to 120°C and supplying the working medium from the outlet of the vapor condenser to the compressor, wherein the working medium is compressed within the compressor and at the outlet of the compressor the working medium has a temperature in the range from 100°C to 300°C and an absolute pressure in the range from 1 to 10 bar, wherein a mixing element in the heat pump circuit is arranged between the compressor and the downstream reboiler, wherein in order to cool the working medium a cooling water having a temperature in the range from 1°C to 160°C is added to the working medium via the mixing element in an amount such that at the inlet of the reboiler the working medium has a temperature in the range from 80°C to 200°C and the working medium partially serves as cooling water, wherein the working medium serving as cooling water is withdrawn from a subregion of the heat pump circuit which extends in the main flow direction of the working medium from the reboiler to the vapor condenser.
Zuber et al (US 2022/0288504) is regarded as the closest relevant prior art, Zuber teaches a distillation facility comprising a rectification column 12 that has a bottom reboiler 14 and a vapor condenser 16, wherein a heat pump circuit 18 comprising a compressor 32 fluidically connects the bottom reboiler 14 and the vapor condenser 16 through lines 28/30 (see Fig 1, claim 1, [0031-0035]) and is designed such that, when the distillation facility is in operation, the bottom evaporator is heated by the heat pump circuit and the vapor condenser is cooled by the heat pump circuit, wherein water is used in the heat pump circuit as a working medium, wherein a mixing element is arranged between the compressor and the downstream bottom evaporator (water is injected into the already compressed steam [0024]), and therefore the injected water would have the result wherein the mixing element is designed such that, when the distillation facility is in operation, in order to cool the working medium in the range of 80 to 200 C can be established. However Zuber does not teach the system wherein the distillation plant is configured such that during operation of the distillation plant the working medium partially serves as cooling water, wherein the working medium serving as cooling water is withdrawn from a subregion of the heat pump circuit which extends in the main flow direction of the working medium from the reboiler to the vapor condenser nor teaches the method wherein the working medium serving as cooling water is withdrawn from a subregion of the heat pump circuit which extends in the main flow direction of the working medium from the reboiler to the vapor condenser, nor wherein the process is directed to producing methacrylate via an esterification reaction.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Horigome (US 4,615,769) teaches heat pump distillation for sytrenes. Townsend (US 2010/0108487) teaches distillation with a heat pump recovery circuit. Wegerer (US 7,981,256) teaches distillation with a heat pump recovery circuit. Sechrist (US 8,182,654) teaches distillation with a heat pump recovery circuit. Sadler (US 9,045,697) teaches distillation with a heat pump recovery circuit. Jain (US 2018/0079706) teaches distillation of methacrylic acid. Ernst (US 10,688,407) teaches distillation with a heat pump recovery circuit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MILLER whose telephone number is (571)270-1603. The examiner can normally be reached Monday - Friday 9 - 5.
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/JONATHAN MILLER/Primary Examiner, Art Unit 1772
