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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 6/20/2025 have been fully considered but they are not persuasive.
In response to the applicant’s argument that there is no teaching, suggestion or motivation to combine Bennett with Pisklak and Toia, the examiner disagrees. Bennett is relied upon for teaching certain properties of a catalytic composition and Bennett states “the use of polysaccharide rheology modifiers in general, and these selected rheology modifiers in particular, is advantageous in that they can reduce substantially the number of process steps necessary to obtain a coated substrate monolith” (column 7, line 7). Therefore, including the rheological modifiers taught by Bennett will reduce the number of steps required to coat the monolith of Pisklak.
Regarding the applicant’s argument that Toia and Bennett would change the principle of operation of Pisklak, the examiner disagrees. Pisklak is directed to “directed to a system for the delivery of a volatile compound comprising a liquid fuel mixture” (paragraph [0006]). Pisklak does this by catalytic combustion. Toia and Bennett are directed to the application of catalysts. The teachings of Toia and Bennett will not change the principle function of Pisklak.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In the present case, the applicant states that Bennett fails to teach application of a catalytic composition to a porous material and an impregnation step. However, Bennett is not relied upon to teach these features. The examiner has instead relied upon Pisklak and/or Toia for teaching the features. The applicant argues that Toia teaches impregnation of only an outer layer. Toia is relied upon to teach impregnation of the catalyst in Pisklak.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Pisklak (US 20080014539 A1), hereinafter Pisklak, in view of Toia (US 6303538 B1), hereinafter Toia, and further in view of Bennett (US 9144796 B1), hereinafter Bennett.
Regarding claims 1-4 and 7, Pisklak discloses a method for applying a catalyst to the surface of a catalytic combustion burner, said catalytic combustion burner being composed of a porous material (“An embodiment of the invention relates to a catalytic burner made of a porous molecular sieve material on which a metal catalyst is supported” paragraph [0016]) and comprising:
an end piece with an upper part and a lower part (“The burner 11 comprises an upper portion 11a, and a lower portion 11b” paragraph [0017]), said upper part having a peripheral side wall comprising an inner face delimiting a cavity, an essentially cylindrical outer face, and a crown-shaped upper face (Figure 3), and a sleeve disposed in the extension of said lower part of said end piece, and comprising a cavity adapted to grip a wick intended to convey a combustible composition to the catalytic combustion burner (“The wick 12 is connected to the burner 11 by insertion into a space 16 located within the lower portion of the burner” paragraph [0019]), said method comprising:
A) a step of introducing to said outer face and, either, said inner face, said crown of the end piece, or said inner face and said crown, with a catalytic composition (“The upper portion of the burner 11a comprises catalyst 17 that is distributed throughout the structure of the upper portion of the burner. The distribution of the catalyst is more concentrated on the peripheral portion of the burner 17a, than in the inner portion of the burner 17b. Thus a concentration gradient ranging from high to low is established from the peripheral portion of the burner to the inner portion of the burner” paragraph [0018]. The examiner notes that the inner 17a appears to be incorrectly labeled and should be 17b) comprising at least one catalyst belonging to groups 9 or 10 of the Periodic Table of the Elements (“Examples of metals that are used as catalysts in embodiments of the invention include, without limitation, gold, manganese, cerium, cobalt, copper, lanthanum platinum, palladium, and rhodium and combination thereof” paragraph [0033]).
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Pisklak does not disclose:
A) wherein said step of introducing is by impregnation;
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C, and maintaining the temperature at Ta for at least 3 hours;
said method being characterized in that said catalytic composition is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc of at least 15 mPa.s at 20°C;
wherein said catalytic composition comprises: between 1 % and 5% by weight, relative to the total weight of the catalytic composition, of a catalyst selected from metals belonging to groups 9 or 10 of the Periodic Table of the Elements, and between 0.2% and 2% by weight, relative to the total weight of the catalytic composition, of a compound capable of increasing the flow resistance of said catalytic composition;
wherein said compound is capable of increasing the flow resistance of a polymer derived from glucose or of a polymer derived from ethylene oxide;
wherein the solids content of the catalyst composition is less than or equal to 7% by weight, relative to the total weight of the catalytic composition.
However, Toia teaches:
A) wherein said step of introducing is by impregnation (“A second layer 35, coating the exterior of the first layer 23, is impregnated with particles of a catalyst 37” column 4, line 6);
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C, and maintaining the temperature at Ta for at least 3 hours (“Following the deposition of the catalyst precursor, the fiber board is thermally treated to convert the catalyst precursor to the catalyst 27. The thermal treatment is performed in a muffle furnace at 500° C. for about 30 to about 120 minutes” column 8, line 7 and “wherein thermally treating said fiber board is performed in air at a temperature of about 500° C. for a period between about 1 and about 3 hours” claim 17);
said method being characterized in that said catalytic composition is a fluid exhibiting, before application on the end piece, a dynamic viscosity µc (“a solution containing both a precursor to second layer 35 and a precursor to catalyst 37 is atomized and sprayed onto a fiber board previously processed according to act or operation 104. The thus coated fiber board is subjected to a thermal treatment to decompose the precursor materials into a mixture of the desired second layer 35 oxide and the desired catalyst 37. The choices of precursor materials, solvents, mixing ratios, and thermal treatment conditions for act or operation 206 are much the same as for act or operation 106” column 8, line 28 and “Suitable solvents for creating the solution in act or operation 108 include water, alcohols, and hydroalcoholic mixtures. Several considerations go into the selection of a suitable solvent. The solvent should be one in which the chosen catalyst precursor is highly soluble, and one in which a solution containing the desired concentration of the catalyst precursor will not be too viscous or tend to form colloidal suspensions” column 7, line 44);
wherein said catalytic composition comprises: between 1 % and 5% by weight, relative to the total weight of the catalytic composition, of a catalyst selected from metals belonging to groups 9 or 10 of the Periodic Table of the Elements (“A good concentration of the catalyst precursor in the solution is about 1% by weight of catalyst ion” column 7, line 52).
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In view of Toia’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
A) wherein said step of introducing is by impregnation;
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C, and maintaining the temperature at Ta for at least 3 hours;
said method being characterized in that said catalytic composition is a fluid exhibiting, before application on the end piece, a dynamic viscosity µc;
wherein said catalytic composition comprises: between 1 % and 5% by weight, relative to the total weight of the catalytic composition, of a catalyst selected from metals belonging to groups 9 or 10 of the Periodic Table of the Elements as is taught in Toia, in the method disclosed by Pisklak because Toia states “The present invention allows for a much more complete coating of substantially more fibers, thus imparting significantly more catalytic functionality to the fiber board than would otherwise be possible. Further, these embodiments allow for the production of catalytic fiber boards with complex geometries, such as hemispherical caps. The embodiment in which the second layer is impregnated with the catalyst is further advantageous for reducing the total number of processing steps and the total processing time necessary to produce a catalytic fiber board” (column 3, line 8). Therefore, including the technique of Toia will improve catalytic functionality and reduce the number of processing steps.
Pisklak, as modified by Toia, does not disclose:
said fluid is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc of at least 15 mPa.s at 20°C;
wherein said catalytic composition comprises: between 0.2% and 2% by weight, relative to the total weight of the catalytic composition, of a compound capable of increasing the flow resistance of said catalytic composition;
wherein said compound is capable of increasing the flow resistance of a polymer derived from glucose or of a polymer derived from ethylene oxide;
wherein the solids content of the catalyst composition is less than or equal to 7% by weight, relative to the total weight of the catalytic composition.
However, Bennet teaches:
said fluid is a non-newtonian fluid exhibiting, before application on the end piece (“the invention provides the use of at least one polysaccharide rheology modifier (as described hereinabove) in the manufacture of a rheologically pseudoplastic washcoat composition for coating a substrate monolith, wherein the washcoat composition comprises a liquid phase and either one or both of (a) suspended metal oxide particles and (b) at least one metal salt solute in the liquid phase, wherein the rheology of the washcoat composition is pseudoplastic” column 6, line 14 and “Non-Newtonian flow includes pseudoplastic, thixotropic or dilatant flow, based on the measured response of the material to a known shear rate, compared to classical models. Pseudoplastic flow describes a system that exhibits a reduction in viscosity with increasing shear rate. The viscosity will recover as the shear is removed; though it may not follow the same viscosity profile as exhibited with increasing shear. This type of flow is also referred to as "shear thinning". In contrast the viscosity characteristics of a pseudoplastic material, the viscosity of a thixotropic fluid decreases over time at a constant shear rate. Rheology modifiers useful in the present invention provide the washcoat with pseudoplastic properties although the modifiers may also impart thixotropic properties under certain conditions” column 2, line 44), a dynamic viscosity µc of at least 15 mPa.s at 20°C (Several tables [3, 5, and 6 provided below] include examples which the examiner contends present values sufficiently close to 20°C to suggest that the compositions would easily exceed 15 mPa.s. However, the court has additionally held a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985));
wherein said catalytic composition comprises: between 0.2% and 2% by weight, relative to the total weight of the catalytic composition, of a compound capable of increasing the flow resistance of said catalytic composition (“Rheology modifiers are generally present in the washcoat composition according to the invention at up to 5.0 wt % per volume, such as up to 4.0 wt % per volume, up to 3.0 wt % per volume, 2.0 wt % per volume, 1.5 wt % per volume and 1.0 wt % per volume” column 5, line 60);
wherein said compound is capable of increasing the flow resistance of a polymer derived from glucose or of a polymer derived from ethylene oxide (“In an alternative embodiment, the polysaccharide rheology modifier is a starch, a cellulose or an alginate or is derived from a starch, a cellulose (i.e. cellulosic) or an alginate” column 5, line 31);
wherein the solids content of the catalyst composition is less than or equal to 7% by weight, relative to the total weight of the catalytic composition (“a solids content of 3-40 wt %, such as 15-40%, 30-40% or 3-15%” column 3, line 24).
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In view of Bennett’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the properties as is taught in Bennett, in the method as presently modified because Bennett states “the use of polysaccharide rheology modifiers in general, and these selected rheology modifiers in particular, is advantageous in that they can reduce substantially the number of process steps necessary to obtain a coated substrate monolith” (column 7, line 7). Therefore, including the rheological modifiers taught by Bennett will reduce the number of steps required to coat the monolith of Pisklak.
Regarding claim 5, Pisklak, as modified by Toia and Bennett, discloses a catalytic combustion burner coated with a catalyst applied in accordance with the method as defined in claim 1 (Figure 3 of Pisklak as modified by Toia and Bennett).
Regarding claim 6, Pisklak, as modified by Toia and Bennett, discloses a catalytic combustion bottle, adapted to contain a combustible liquid and to receive at its neck a catalytic combustion burner which receives a wick immersed in said liquid, characterized in that said bottle is equipped with a catalytic combustion burner as defined according to Claim 5 (Figure 1 of Pisklak as modified by Toia and Bennett).
Regarding claims 9 and 10, Pisklak discloses a method for applying a catalyst to the surface of a catalytic combustion burner, said catalytic combustion burner being composed of a porous material (“An embodiment of the invention relates to a catalytic burner made of a porous molecular sieve material on which a metal catalyst is supported” paragraph [0016]) and comprising:
an end piece with an upper part and a lower part, (“The burner 11 comprises an upper portion 11a, and a lower portion 11b” paragraph [0017]), said upper part having a peripheral side wall comprising an inner face delimiting a cavity, an essentially cylindrical outer face, and a crown-shaped upper face (Figure 3), and
a sleeve disposed in the extension of said lower part of said end piece, and comprising a cavity adapted to grip a wick intended to convey a combustible composition to the catalytic combustion burner (“The wick 12 is connected to the burner 11 by insertion into a space 16 located within the lower portion of the burner” paragraph [0019]), said method comprising:
A) a step of introducing to said outer face and, either, said inner face, said crown of the end piece, or said inner face and said crown, with a catalytic composition (“The upper portion of the burner 11a comprises catalyst 17 that is distributed throughout the structure of the upper portion of the burner. The distribution of the catalyst is more concentrated on the peripheral portion of the burner 17a, than in the inner portion of the burner 17b. Thus a concentration gradient ranging from high to low is established from the peripheral portion of the burner to the inner portion of the burner” paragraph [0018]. The examiner notes that the inner 17a appears to be incorrectly labeled and should be 17b) comprising at least one catalyst belonging to groups 9 or 10 of the Periodic Table of the Elements (“Examples of metals that are used as catalysts in embodiments of the invention include, without limitation, gold, manganese, cerium, cobalt, copper, lanthanum platinum, palladium, and rhodium and combination thereof” paragraph [0033])
Pisklak does not disclose:
A) wherein said step of introducing is by impregnation;
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C;
said method being characterized in that said catalytic composition is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc of at least 15 mPa.s at 20°C;
wherein said catalytic composition comprises: between 1 % and 5% by weight, relative to the total weight of the catalytic composition, of a catalyst selected from metals belonging to groups 9 or 10 of the Periodic Table of the Elements, and between 0.2% and 2% by weight, relative to the total weight of the catalytic composition, of a compound capable of increasing the flow resistance of said catalytic composition;
wherein said compound is capable of increasing the flow resistance of a polymer derived from glucose.
However, Toia teaches:
A) wherein said step of introducing is by impregnation (“A second layer 35, coating the exterior of the first layer 23, is impregnated with particles of a catalyst 37” column 4, line 6);
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C, and maintaining the temperature at Ta for at least 3 hours (“Following the deposition of the catalyst precursor, the fiber board is thermally treated to convert the catalyst precursor to the catalyst 27. The thermal treatment is performed in a muffle furnace at 500° C. for about 30 to about 120 minutes” column 8, line 7 and “wherein thermally treating said fiber board is performed in air at a temperature of about 500° C. for a period between about 1 and about 3 hours” claim 17);
said method being characterized in that said catalytic composition is a fluid exhibiting, before application on the end piece, a dynamic viscosity µc (“a solution containing both a precursor to second layer 35 and a precursor to catalyst 37 is atomized and sprayed onto a fiber board previously processed according to act or operation 104. The thus coated fiber board is subjected to a thermal treatment to decompose the precursor materials into a mixture of the desired second layer 35 oxide and the desired catalyst 37. The choices of precursor materials, solvents, mixing ratios, and thermal treatment conditions for act or operation 206 are much the same as for act or operation 106” column 8, line 28 and “Suitable solvents for creating the solution in act or operation 108 include water, alcohols, and hydroalcoholic mixtures. Several considerations go into the selection of a suitable solvent. The solvent should be one in which the chosen catalyst precursor is highly soluble, and one in which a solution containing the desired concentration of the catalyst precursor will not be too viscous or tend to form colloidal suspensions” column 7, line 44);
wherein said catalytic composition comprises: between 1 % and 5% by weight, relative to the total weight of the catalytic composition, of a catalyst selected from metals belonging to groups 9 or 10 of the Periodic Table of the Elements (“A good concentration of the catalyst precursor in the solution is about 1% by weight of catalyst ion” column 7, line 52).
In view of Toia’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
A) wherein said step of introducing is by impregnation;
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C, and maintaining the temperature at Ta for at least 3 hours;
said method being characterized in that said catalytic composition is a fluid exhibiting, before application on the end piece, a dynamic viscosity µc;
wherein said catalytic composition comprises: between 1 % and 5% by weight, relative to the total weight of the catalytic composition, of a catalyst selected from metals belonging to groups 9 or 10 of the Periodic Table of the Elements as is taught in Toia, in the method disclosed by Pisklak because Toia states “The present invention allows for a much more complete coating of substantially more fibers, thus imparting significantly more catalytic functionality to the fiber board than would otherwise be possible. Further, these embodiments allow for the production of catalytic fiber boards with complex geometries, such as hemispherical caps. The embodiment in which the second layer is impregnated with the catalyst is further advantageous for reducing the total number of processing steps and the total processing time necessary to produce a catalytic fiber board” (column 3, line 8). Therefore, including the technique of Toia will improve catalytic functionality and reduce the number of processing steps.
Pisklak, as modified by Toia, does not disclose:
said fluid is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc of at least 15 mPa.s at 20°C;
wherein said catalytic composition comprises: between 0.2% and 2% by weight, relative to the total weight of the catalytic composition, of a compound capable of increasing the flow resistance of said catalytic composition;
wherein said compound is capable of increasing the flow resistance of a polymer derived from glucose.
However, Bennet teaches:
said fluid is a non-newtonian fluid exhibiting, before application on the end piece (“the invention provides the use of at least one polysaccharide rheology modifier (as described hereinabove) in the manufacture of a rheologically pseudoplastic washcoat composition for coating a substrate monolith, wherein the washcoat composition comprises a liquid phase and either one or both of (a) suspended metal oxide particles and (b) at least one metal salt solute in the liquid phase, wherein the rheology of the washcoat composition is pseudoplastic” column 6, line 14 and “Non-Newtonian flow includes pseudoplastic, thixotropic or dilatant flow, based on the measured response of the material to a known shear rate, compared to classical models. Pseudoplastic flow describes a system that exhibits a reduction in viscosity with increasing shear rate. The viscosity will recover as the shear is removed; though it may not follow the same viscosity profile as exhibited with increasing shear. This type of flow is also referred to as "shear thinning". In contrast the viscosity characteristics of a pseudoplastic material, the viscosity of a thixotropic fluid decreases over time at a constant shear rate. Rheology modifiers useful in the present invention provide the washcoat with pseudoplastic properties although the modifiers may also impart thixotropic properties under certain conditions” column 2, line 44), a dynamic viscosity µc of at least 15 mPa.s at 20°C (Several tables [3, 5, and 6 provided below] include examples which the examiner contends present values sufficiently close to 20°C to suggest that the compositions would easily exceed 15 mPa.s. However, the court has additionally held a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985));
wherein said catalytic composition comprises: between 0.2% and 2% by weight, relative to the total weight of the catalytic composition, of a compound capable of increasing the flow resistance of said catalytic composition (“Rheology modifiers are generally present in the washcoat composition according to the invention at up to 5.0 wt % per volume, such as up to 4.0 wt % per volume, up to 3.0 wt % per volume, 2.0 wt % per volume, 1.5 wt % per volume and 1.0 wt % per volume” column 5, line 60);
wherein said compound is capable of increasing the flow resistance of a polymer derived from glucose (“In an alternative embodiment, the polysaccharide rheology modifier is a starch, a cellulose or an alginate or is derived from a starch, a cellulose (i.e. cellulosic) or an alginate” column 5, line 31).
In view of Bennett’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the properties as is taught in Bennett, in the method as presently modified because Bennett states “the use of polysaccharide rheology modifiers in general, and these selected rheology modifiers in particular, is advantageous in that they can reduce substantially the number of process steps necessary to obtain a coated substrate monolith” (column 7, line 7). Therefore, including the rheological modifiers taught by Bennett will reduce the number of steps required to coat the monolith of Pisklak.
Claims 8 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Pisklak, in view of Toia, in view of Bennett, and further in view of Noda (US 20080125316 A1), hereinafter Noda.
Regarding claims 8 and 11, Pisklak, as modified by Toia and Bennett, discloses the method according to claim 1.
Pisklak, as modified by Toia and Bennett, does not disclose wherein the catalytic composition is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc between 15mPa.s to 20 mPa.s at 20°C. However, it has been held that “[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP §2144.05(II)(A) (quoting In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Although, it has been further held that "[a] particular parameter must first be recognized as a result-effective variable, i.e. a variable which achieves a recognized result, before determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. Refer to MPEP §2144.05(II)(B)(quoting In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In this case, Bennet teaches a dynamic viscosity, but does not specifically recite the claimed range. Achieving the claimed range is a results-effective variable because Noda states “The specific viscosity of the precoating fluid is preferably 0.8 to 40 mPas, more preferably 5 to 30 mPas. When the viscosity of the precoating fluid is less than 0.8 mPas, the fluid has too high a fluidity and effective filling of fine pores may be impossible. Meanwhile, when the viscosity is more than 40 mPas, penetration of the fluid into fine pores may be difficult” (paragraph [0104]). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify viscosity of the composition, because the selection of viscosity to achieve desired penetration of the coating into the porous structure of Pisklak constitutes the optimization of design parameters, which fails to distinguish the claim.
Regarding claim 12, Pisklak, as modified by Toia and Bennett, discloses the method according to claim 9.
Pisklak, as modified by Toia and Bennett, does not disclose wherein the dynamic viscosity µc is between 15mPa.s to 20 mPa.s at 20°C. However, it has been held that “[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP §2144.05(II)(A) (quoting In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Although, it has been further held that "[a] particular parameter must first be recognized as a result-effective variable, i.e. a variable which achieves a recognized result, before determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. Refer to MPEP §2144.05(II)(B)(quoting In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In this case, Bennet teaches a dynamic viscosity, but does not specifically recite the claimed range. Achieving the claimed range is a results-effective variable because Noda states “The specific viscosity of the precoating fluid is preferably 0.8 to 40 mPas, more preferably 5 to 30 mPas. When the viscosity of the precoating fluid is less than 0.8 mPas, the fluid has too high a fluidity and effective filling of fine pores may be impossible. Meanwhile, when the viscosity is more than 40 mPas, penetration of the fluid into fine pores may be difficult” (paragraph [0104]). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify viscosity of the composition, because the selection of viscosity to achieve desired penetration of the coating into the porous structure of Pisklak constitutes the optimization of design parameters, which fails to distinguish the claim.
Regarding claim 13, Pisklak discloses a method for applying a catalyst to the surface of a catalytic combustion burner, said catalytic combustion burner being composed of a porous material and comprising:
an end piece with an upper part and a lower part (“The burner 11 comprises an upper portion 11a, and a lower portion 11b” paragraph [0017]), said upper part having a peripheral side wall comprising an inner face delimiting a cavity, an essentially cylindrical outer face, and a crown-shaped upper face (Figure 3), wherein said end piece is formed from the porous material (“An embodiment of the invention relates to a catalytic burner made of a porous molecular sieve material on which a metal catalyst is supported” paragraph [0016]), and
a sleeve disposed in the extension of said lower part of said end piece, and comprising a cavity adapted to grip a wick intended to convey a combustible composition to the catalytic combustion burner (“The wick 12 is connected to the burner 11 by insertion into a space 16 located within the lower portion of the burner” paragraph [0019]),
said method comprising:
A) a step of introducing to said outer face and, either, said inner face, said crown of the end piece, or said inner face and said crown, with a catalytic composition (“The upper portion of the burner 11a comprises catalyst 17 that is distributed throughout the structure of the upper portion of the burner. The distribution of the catalyst is more concentrated on the peripheral portion of the burner 17a, than in the inner portion of the burner 17b. Thus a concentration gradient ranging from high to low is established from the peripheral portion of the burner to the inner portion of the burner” paragraph [0018]. The examiner notes that the inner 17a appears to be incorrectly labeled and should be 17b) comprising at least one catalyst belonging to groups 9 or 10 of the Periodic Table of the Elements (“Examples of metals that are used as catalysts in embodiments of the invention include, without limitation, gold, manganese, cerium, cobalt, copper, lanthanum platinum, palladium, and rhodium and combination thereof” paragraph [0033]).
Pisklak does not disclose said method comprising:
A) wherein said step of introducing is by impregnation;
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450°C;
said method being characterized in that said catalytic composition is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc of between 5 mPa.s to 20 mPa.s at 20°C.
However, Toia teaches:
A) wherein said step of introducing is by impregnation (“A second layer 35, coating the exterior of the first layer 23, is impregnated with particles of a catalyst 37” column 4, line 6);
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C (“Following the deposition of the catalyst precursor, the fiber board is thermally treated to convert the catalyst precursor to the catalyst 27. The thermal treatment is performed in a muffle furnace at 500° C. for about 30 to about 120 minutes” column 8, line 7 and “wherein thermally treating said fiber board is performed in air at a temperature of about 500° C. for a period between about 1 and about 3 hours” claim 17);
said method being characterized in that said catalytic composition is a fluid exhibiting, before application on the end piece, a dynamic viscosity µc (“a solution containing both a precursor to second layer 35 and a precursor to catalyst 37 is atomized and sprayed onto a fiber board previously processed according to act or operation 104. The thus coated fiber board is subjected to a thermal treatment to decompose the precursor materials into a mixture of the desired second layer 35 oxide and the desired catalyst 37. The choices of precursor materials, solvents, mixing ratios, and thermal treatment conditions for act or operation 206 are much the same as for act or operation 106” column 8, line 28 and “Suitable solvents for creating the solution in act or operation 108 include water, alcohols, and hydroalcoholic mixtures. Several considerations go into the selection of a suitable solvent. The solvent should be one in which the chosen catalyst precursor is highly soluble, and one in which a solution containing the desired concentration of the catalyst precursor will not be too viscous or tend to form colloidal suspensions” column 7, line 44);
In view of Toia’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
A) wherein said step of introducing is by impregnation;
B) a step of heat-treating said catalytic combustion burner thus impregnated with the catalyst to a temperature Ta of at least 450° C, and maintaining the temperature at Ta for at least 3 hours;
said method being characterized in that said catalytic composition is a fluid exhibiting, before application on the end piece, a dynamic viscosity µc as is taught in Toia, in the method disclosed by Pisklak because Toia states “The present invention allows for a much more complete coating of substantially more fibers, thus imparting significantly more catalytic functionality to the fiber board than would otherwise be possible. Further, these embodiments allow for the production of catalytic fiber boards with complex geometries, such as hemispherical caps. The embodiment in which the second layer is impregnated with the catalyst is further advantageous for reducing the total number of processing steps and the total processing time necessary to produce a catalytic fiber board” (column 3, line 8). Therefore, including the technique of Toia will improve catalytic functionality and reduce the number of processing steps.
Pisklak, as modified by Toia, does not disclose said fluid is a non-newtonian fluid exhibiting, before application on the end piece, a dynamic viscosity µc of between 5 mPa.s to 20 mPa.s at 20°C.
However, Bennet teaches:
said fluid is a non-newtonian fluid exhibiting, before application on the end piece (“the invention provides the use of at least one polysaccharide rheology modifier (as described hereinabove) in the manufacture of a rheologically pseudoplastic washcoat composition for coating a substrate monolith, wherein the washcoat composition comprises a liquid phase and either one or both of (a) suspended metal oxide particles and (b) at least one metal salt solute in the liquid phase, wherein the rheology of the washcoat composition is pseudoplastic” column 6, line 14 and “Non-Newtonian flow includes pseudoplastic, thixotropic or dilatant flow, based on the measured response of the material to a known shear rate, compared to classical models. Pseudoplastic flow describes a system that exhibits a reduction in viscosity with increasing shear rate. The viscosity will recover as the shear is removed; though it may not follow the same viscosity profile as exhibited with increasing shear. This type of flow is also referred to as "shear thinning". In contrast the viscosity characteristics of a pseudoplastic material, the viscosity of a thixotropic fluid decreases over time at a constant shear rate. Rheology modifiers useful in the present invention provide the washcoat with pseudoplastic properties although the modifiers may also impart thixotropic properties under certain conditions” column 2, line 44), a dynamic viscosity µc of at least 5 mPa.s at 20°C (Several tables [3, 5, and 6 provided below] include examples which the examiner contends present values sufficiently close to 20°C to suggest that the compositions would easily exceed 5 mPa.s);
In view of Bennett’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the properties as is taught in Bennett, in the method as presently modified because Bennett states “the use of polysaccharide rheology modifiers in general, and these selected rheology modifiers in particular, is advantageous in that they can reduce substantially the number of process steps necessary to obtain a coated substrate monolith” (column 7, line 7). Therefore, including the rheological modifiers taught by Bennett will reduce the number of steps required to coat the monolith of Pisklak.
Pisklak, as modified by Toia and Bennett, does not disclose wherein the dynamic viscosity µc is between 5mPa.s to 20 mPa.s at 20°C. However, it has been held that “[w]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP §2144.05(II)(A) (quoting In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Although, it has been further held that "[a] particular parameter must first be recognized as a result-effective variable, i.e. a variable which achieves a recognized result, before determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. Refer to MPEP §2144.05(II)(B)(quoting In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In this case, Bennet teaches a dynamic viscosity, but does not specifically recite the claimed range. Achieving the claimed range is a results-effective variable because Noda states “The specific viscosity of the precoating fluid is preferably 0.8 to 40 mPas, more preferably 5 to 30 mPas. When the viscosity of the precoating fluid is less than 0.8 mPas, the fluid has too high a fluidity and effective filling of fine pores may be impossible. Meanwhile, when the viscosity is more than 40 mPas, penetration of the fluid into fine pores may be difficult” (paragraph [0104]). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify viscosity of the composition, because the selection of viscosity to achieve desired penetration of the coating into the porous structure of Pisklak constitutes the optimization of design parameters, which fails to distinguish the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Burba (US 5418271 A) “This final product is found to possess the unique property of being an elastic solid having stress-induced fluidity. This is applied as a coating onto a substrate by spreading it, and upon ceasing the spreading, it reverts instantly to an elastic solid and holds its position” column 15, line 43 and “One such application is for an adhesive or coating, wherein enhanced sag control prior to the adhesive or coating reaching a tack-free state is desired. It has been discovered that when a mixed metal hydroxide as described above is added to an epoxy resin, the resulting composition, while in a tack-free state, has good sag resistance, but will still flow under critical stress. The composition is therefore easily applied as a coating or a thin bead of adhesive, yet will resist sagging, even when applied to a vertical surface” column 13, line 48
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Li (US 20050166797 A1) “it is desirable for paints and primers to have a relatively high viscosity at rest to keep pigment dispersed in the composition, and to have a viscosity that is relatively low as shear is applied by, for example, brushing, rolling, or spraying the composition onto a surface such as a vertical wall. In addition, the lower viscosity after application of shear helps provide the paints or primers with a leveling effect. Paints and primers thus often include a viscosity modifier or rheology modifier to enhance their shear thinning characteristics, and to provide non-Newtonian shear thinning behavior” paragraph [0173]
Robles (US 20160045905 A1) “It was an object of the invention to provide a novel washcoat composition with extended shelf life, improved rheological behavior to provide for a more constant thickness of the coating that does not show significant ash formation upon heat treatment. This problem was solved by a washcoat composition consisting of a water-based solvent, a catalyst composition and 0.2 to 8 weight percent of a cellulose derivative as a gelling agent” paragraph [0008]
Joly (GB 1451411 A)
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Morandi (FR 2610390 A1)
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Lehoux (US 20020019435 A1)
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Lehoux (US 20040265762 A1)
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Lehoux (US 20050037309 A1)
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Chen (US 20070134607 A1)
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Pisklak (US 20070202450 A1)
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Ramberg (US 20090031855 A1) “Although a body such as body 510 may be fabricated from a variety of methods, it may be advantageous to extrude body 510. In such cases, it may be advantageous to extrude a paste having non-Newtonian viscoelastic characteristics, and in some cases, it may be advantageous to use a shear-thinning paste. A variety of methods exist to adjust the rheological properties of pastes, slurries and the like, and these methods generally apply to pastes, slurries, and the like that incorporate ash particles. Admixtures (e.g., as used in cement rheology) may be added between 0.01 and 10%. Lignosulfonates and/or other lignin-containing compounds may be used, generally between 0.01 and 5%. Exemplary sources of lignosulfonates include spent sulfite liquors from cellulose processing plants. Various organic materials may also be used to modify rheology, including methylcellulose, polyvinyl alcohol (PVA), polyethylene glycol (PEG), vinyl acetate and vinyl pyrrolidone. Exemplary recipes include an ash source, a liquid carrier (e.g., water) of approximately 10-50% by weight of the ash source, a cellulose binder such as methylcellulose in the range of 1-20% by weight, and optionally a detergent and/or surfactant in the range of 0-3% by weight. Some embodiments include the addition of ethylene glycol, fatty acids, polyvinyl alcohol, and/or other organic species, generally in the range of 0-10 wt %” paragraph [0080]
Del-Gallo (US 20110097259 A1) “Poly(ethylene)oxide and poly(vinyl)alcool could also have a role in the rheological behaviour of the slurries” paragraph [0071]
Pedraza Diaz (US 20120128934 A1) “For example, with spraying, the same type of solution may be used while adding one or more additives (e.g. such as polyethylenegylcol (PEG), polyvinyl alcohol (PVA)) in order to increase the viscosity of the solution and improve the wettability (contact) between the substrate and the solution containing the rare earth for depositing, and also making the deposit more plastic and preventing it from flaking on the surface” paragraph [0202]
Chaput (US 20120245024 A1) “The suspension may also contain a binder. It allows increasing the viscosity of the suspension and its adherence to the support material. Thus, its deposition and mechanical properties at the surface of the base support are facilitated” paragraph [0034] and “the binder is selected from the group consisting of acrylic polymers, methacrylic polymers, vinylic polymers, such as vinyl polyacetate, polyethylene oxides (PEO), cellulosic derivatives and mixtures thereof” paragraph [0036]
Tang (US 20140272744 A1)
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Tanev (US 20180043334 A1) “Optionally, in the range of from 5 to 20 wt %, based on the weight of the zirconia, of a binder material may be added to the zirconia particle suspension prior to step (iii). In addition, optionally, in the range of from 1 to 20 wt %, based on the weight of the zirconia in the suspension prepared in step (i), of a viscosity modifying compound may be added to the zirconia particle suspension prior to step (iii). Suitable viscosity modifying compounds include, but are not limited to acetic acid, citric acid, methyl cellulose, chitin, starch, glucose and fructose” paragraph [0072]
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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