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 .
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.
Claims 1-4, 7, 8, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ganta (20140352855).
Regarding claims 1-4 and 13, Ganta discloses a metal hydroxyl nitrate (basic metal nitrate) that has at least one metal including both copper and zinc (claim 2).
Regarding claim 7, the crystal structure would be the same as basic metal nitrate since Ganta claims that the basic metal nitrate can include more than one metal.
Regarding claim 8, the arrangement will inherently be either random or regular. As to limitations which are considered to be inherent in a reference, note the case law of In re Ludke, 169 USPQ 563; In re Swinehart, 169 USPQ 226, In re Fitzgerald, 205 USPQ 594; In re Best et al, 195 USPQ 430; and In re Brown, 173 USPQ 685, 688.
Claims 1-4, 7, 8, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese patent WO2008136431).
Regarding claims 1-4, 7, and 13, the Japanese patent discloses a basic metal nitrate that is a double salt of the metals including both copper and zinc (see claims).
Regarding claim 7, the crystal structure would be the same as basic metal nitrate since the Japanese patent claims that the basic metal nitrate can a double salt of the metals including both copper and zinc.
Regarding claim 8, the arrangement will inherently be either random or regular. As to limitations which are considered to be inherent in a reference, note the case law of In re Ludke, 169 USPQ 563; In re Swinehart, 169 USPQ 226, In re Fitzgerald, 205 USPQ 594; In re Best et al, 195 USPQ 430; and In re Brown, 173 USPQ 685, 688.
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.
Claims 5, 6, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over either Ganta or the Japanese patent as applied above.
Both patents disclose the use of more than on metal in a basic metal nitrate.
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use different amount of copper and zinc to arrive at the desired properties. The ordinary artisan will know that copper and zinc contribute different properties to the fuel. Thus, the desired properties can be chosen by the amounts of copper and zinc that are included.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Regarding the Ganta reference, Applicant argues that Ganta does not disclose the basic metal nitrate with two metals. Ganta indicates in claim 2 that the basic metal nitrate can contain “at least one metal selected from copper, zinc, cobalt, manganese, iron, cerium, and nickel”. This means that two can be used.
Regarding the Japanese patent, the disclosure clearly states that double salts of basic metal nitrates can be used and this meets the claim language.
The claim language that recites that the metal is partly replaced is a method of making limitation. Since both patents disclose the claimed chemical compound then they meet the claim. The instant claims are product claims and are not limited by method steps.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
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/AILEEN B FELTON/ Primary Examiner, Art Unit 1734