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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 9-17 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/16/2025.
Claims 1-5 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al/ Nagai et al./Cai et al. See the Non-final rejection of 9/10/2025.
New claim 18 requires that the distillation is under a reduced pressure. Those skilled in the art would have found it obvious to optimize distillation pressure by routine experimentation.
Claim 6 is rejected over Cai et al/ Nagai et al./Cai and Jiang et al..
See the Non-final rejection of 9/10/2025.
Claims 7 and 8 are rejected over Cai et al/ Nagai et al./Cai and Iijima et al.
See the Non-final rejection of 9/10/2025.
Applicant's arguments filed 12/3/25 have been fully considered but they are not persuasive.
The first point made by applicants is that in Cai ‘538 no condensation reaction by-products are generated, unlike in the invention of instant claim 1. This point is acknowledged but is seen as mere argument unsupported by evidence and thus is not convincing.
Point 2 is that the materials and processes used for preparing pseudo-boehmite in Cai and Nagai differ entirely from those of the present invention. This point is as of now unconvincing because it has set not forth which specificity which materials are used in Cai, Nagai, and the instant invention and how same are seen as differing entirely.
Point 3 is that Cai corresponds to Comparative Example 1. This point is non-persuasive because it is not explained how to objectively determine whether or not one teaching corresponds to another. The arguments made about the distinction of Comparative Example 1 to the present application are noted but not responded to here because it is the combination of references being applied that forms the basis of the rejection, not Comparative Example 1.
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 BENJAMIN L UTECH whose telephone number is (571)272-1137. The examiner can normally be reached M-F.
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, Shawn Decenzo can be reached at (571)270-3227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN L UTECH/Primary Examiner, Art Unit 6212
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