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 .
Election/Restrictions
Claims 1-3 and 5-8 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 05,2025.
Applicant's election with traverse of claim 4 in the reply filed on December 05, 2025 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. This is not found persuasive because establishment of a search burden is used to determine whether the Office may require restriction in national applications filed under 35 (U.S.C. 111(a). The analysis used to determine whether the Office may require restriction differs in national stage applications submitted under 35 U.S.C. 371 (unity of invention analysis) as compared to national applications filed under 35 U.S.C. 111(a) (independent and distinct analysis). See MPEP Chapter 1800, in particular MPEP § 1850, § 1875, and § 1893.03(d), for a detailed discussion of unity of invention under the Patent Cooperation Treaty (PCT).
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 4,9, and 10 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 claim 4, the word “type" renders the claim indefinite because it is unclear what the limitations require in order for the subject to be considered a type of GIS-zeolite. See MPEP § 2173.05(d).
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) 4,9, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akaogi (WO2019202933 A1)[will be referencing to US version (US2020223706 (A1)) as an English-language equivalent].
Regarding claim 4, Akaogi discloses an absorbent that is made out of a GIS zeolite (Akaogi [0033]) which has a silica to alumina ratio of 4.4 or more (Akaogi [0073]). Following example 1, Akoagi describes the synthesis of a zeolite containing a silica, alumina, water, sodium hydroxide and phosphorous oxide (Akaogi [0157]), based on the composition the carbon atom content is determined to be 0%. This disclosure fulfils the limitations set in the instant claim requiring a GIS-type zeolite with less than 4% carbon atom content, and a silica to alumina ratio of 4.23 or more.
The prior art further discloses in figure 3, peaks that have a 2Ɵ measurement of 12.03° (peak of [1 0 1] and peak A) and 27.82° (peak of [3 2 1] and peak B). Furthermore, the smallest peak (which is designated as peak C) is found to be around 46°. (Akaogi [Fig. 3, attached below]) Using the values found in Figure 3 (gridlines added by examiner for height comparison), the figure shows the height of peak A to be around 12.5 units, the height of peak B is around 18 units and peak C to be around 1 unit. Therefore, by substituting the values A/B would be 0.69 and B/C would be 18. Therefore, the disclosure found in the prior art meets the limitation set in the instant claim requiring the A/B and B/C ratio to be more than 0.62 and the B/C ratio to be more than 11.5, respectively.
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Regarding claim 9, Akaogi discloses in example 1 that the zeolite would comprise of silica-alumina (Akaogi [0157]). This disclosure fulfils the limitation set in the instant claim requiring the GIS-zeolite to comprise of silica-alumina.
Regarding claim 10, Akaogi discloses that the zeolite comprises an alkali metal source and hydrogen (Akaogi [0058]). This disclosure fulfills the limitations set in the instant claim requiring the GIS-zeolite to comprise of hydrogen and an alkali metal element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE H PHAN whose telephone number is (703)756-4520. The examiner can normally be reached M-F 8:30-6:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 5712703591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNETTE PHAN/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736