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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 6, 9-11, 17, 27, 33 and 34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aulich et al. (US 20120234689 A1
Considering claim 1, Aulich discloses a method for production of energetic and non-energetic nitrogen- containing materials, comprising: a. providing an electrolysis reaction chamber that includes a reference electrode, a cathode and an anode [0086]; b. introducing a nitrogen source material [0023], an aprotic solvent and a charge- carrying salt to define contents within the electrolysis reaction chamber ([0025], [0058] and Fig. 1); c. electrolyzing the contents of the reaction chamber to generate an active nitrating species [0058]; and d. nitrating a substrate (NH3) with the active nitrating species to generate an energetic material (NH4NO3) [0063].
Considering claim 2, Aulich discloses the nitrogen source is NO2 [0069].
Considering claims 3 and 17, Aulich discloses the nitrogen source comprises nitrate of nitric acid [0069].
Considering claim 5, Aulich discloses the reaction chamber defines an anode chamber and a cathode chamber, and wherein the charge-carrying salt is introduced to at least one of the anode chamber and the cathode chamber [0073].
Considering claim 6, Aulich discloses the nitrating of the substrate with the active nitrating species occurs directly in an anode compartment (2) defined in the reaction chamber (Fig. 1).
Considering claims 9, Aulich discloses the active nitrating species is removed from the reaction chamber (2) and is used to nitrate the substrate to generate the energetic material in a second reaction step (Fig. 1).
Considering claim 10, Aulich discloses the anode is positioned at least in part in an anode compartment adapted to provide an oxidizing environment [0063].
Considering claim 11, Aulich discloses the oxidizing environment is effective for production of the active nitrating species (Fig. 1).
Considering claim 27, Aulich discloses the electrolysis is conducted in a flow cell (Fig. 1).
Considering claims 33 and 34, Aulich discloses the substrate is an alcohol and is introduced directly into an anode compartment defined by the reaction chamber [0078].
Claim Rejections - 35 USC § 103
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.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aulich et al. (US 20120234689 A1).
Considering claims 7 and 8, Aulich discloses the substrate (methano) is introduced to the anode compartment before electrolysis of the contents within the electrolysis reaction chamber commences
or the substrate is introduced to the anode compartment after electrolysis of the contents within the electrolysis reaction chamber commences.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce the substrate before or after the electrolysis reaction because the electrolytic cell of Aulich is a flow cell type, therefore the substrate is being introduced before and after the electrolyzed volume has been electrolyzed.
Claim(s) 4, 14, 24 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aulich et al., as applied to claims 1 and 3 above and further in view of Lister et al. (US 20090038953 A1).
Considering claims 4 and 14, Aulich does not disclose silver or lithium nitrate salt.
However, Lister discloses that the lithium nitrate can be used as source of nitrate [0023] and silver nitrate is also known for nitration [005]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use lithium nitrate in the method of Aulich, because Lister discloses similar method of nitrating a substrate and Lister teaches using lithium nitrate and silver nitrate as a source of nitrate ions as known for the same prupose.
Considering claim 24, Aulich discloses the reaction chamber is a divided cell that includes a divider formed of at least one of a porous membrane [0089].
Aulich does not details of the membrane.
However, Lister disclose similar nitrating electrolysis apparatus comprising a divided cell that includes a divider formed of glass frits [0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use divided cell that includes a divider formed of glass frits in the cell of Aulich, because Lister discloses similar nitrating electrolysis apparatus comprising a divided cell that includes a divider formed of glass frits. Therefore, it would be obvious to use a divider including frits with as known divider in a similar electrolyzer.
Considering claim 30, Aulich discloses the nitrogen source is NxOy, where x=1 or 2, and y=0, 1, 2, 3, 4, 5 [0023] such as NO2 [0069].
Aulich does not disclose the anode and the cathode comprises platinum and/or niobium.
However, Lister disclose similar nitrating electrolysis where platinum mesh electrodes were used as both the anode and the cathode [0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have both electrodes including platinum in the cell of Aulich, because Lister discloses similar nitrating electrolysis comprising both the anode and the cathode formed of platinum. Therefore, it would be obvious to use platinum mesh for both electrodes with reasonable expectation of success.
Claim(s) 1, 3, 6, 10-12, 18, 23, 29, 36 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 111235597 A, machine translation) in view of Aulich et al. (US 20120234689 A1).
Considering claims 1, 3, 6, 10, 11 and 23, Wang discloses a method for production of energetic and non-energetic nitrogen- containing materials (abstract), comprising: a. providing an electrolysis reaction chamber (inherently) that includes, a cathode and an anode (fig. 3); b. introducing a nitrogen source material (nitrate), an aprotic solvent (acetornitrile) and a charge- carrying salt (electrolyte) to define contents within the electrolysis reaction chamber (page 2, summary of the invention); c. electrolyzing the contents of the reaction chamber to generate an active nitrating species page 3, lines 16-23); and d. nitrating a substrate (pyrazole) with the active nitrating species (nitrate) to generate an energetic material (N-nitro pyrazole) (page 3, example 1).
Wang does not disclose a reference electrode.
However, Aulich teaches two electrode and three electrode systems as possible systems for an electrolytic cell [0086].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a reference electrode in the electrolytic cell of Wang, because Aulich discloses that it is known to use either two electrode or three electrode systems with the third electrode being a reference electrode.
Considering claim 12, Wang discloses the electrolyte is n-Bu4NBF4 (page 3, 3 line from the bottom).
Considering claim 18, Wang teaches nitronium and N2O5 (page 2, first 3 paragraphs).
Considering claim 29, Wang discloses graphite anode and platinum cathode (page 3, last 4 lines).
Considering claims 36 and 38, Wang discloses the substrate is an aromatic substrate (pyrazole) and is introduced directly into an anode compartment defined by the reaction chamber.
Claim(s) 31, 32 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Aulich et and al., as applied to claim 1 above, and further in view of Sohara et al. (US 5089652 A).
Considering claim 31, 32, 35 and 37, Aulich discloses the nitrogen source is the generated active nitrating species is HNO3, that can be collected via channel 27 [0073].
Considering claims 31, 32, 35 and 37, Aulich does not disclose the active nitrating species is harvested and used to nitrate an alcohol substrate to form nitrate esters in a separate batch or in a separate flow system in a second nitration step.
However, Sohara teaches using nitric acid with an alcohol having the structure of R--(OH)x wherein R is an organic chain or ring, including aromatics, in order to form nitrate ester (col. 8, claim 23 and claim 28). R can be have 1 to 20 carbon atoms (col. 3, lines 41-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to harvest unreacted nitric acid in the method of Aulich, and that can be concentrated by known methods, such as destination, and use in the method of Sohara to form nitrate esters of alcohols having the structure of R--(OH)x wherein R is an organic chain or ring including aromatics. The alcohol of Sohara can be for example ethylene glycol or 2-propylol, for 2 carbon chain alkyl group and x 1 or 2.
Conclusion
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/WOJCIECH HASKE/ Examiner, Art Unit 1794