DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 29 has been amended. Claims 6, 8-9, 12-13, 16-17, 21-22, 24-28, and 33-42 are cancelled. Claims 1-5, 7, 10-11, 14-15, 18-20, 23, 29-32, and 43 are pending in the instant application.
Priority
This application is a national stage entry under 35 U.S.C.§371 of International Application No. PCT/US2021/041605, filed on July 14, 2021, which claims priority to U.S. Provisional Patent Application No. 63/067,397, filed on August 19, 2020.
Information Disclosure Statements
Applicants’ Information Disclosure Statements, filed on 07/25/2024 and 02/16/2023, have been considered. Please refer to Applicant’s copies of the PTO-1449 submitted herewith.
Response to Restriction Requirement
Applicant’s election with traverse of Group I (i.e. claims 1-5, 7, 10-11, 14-15, 18-20, and 23) in the reply filed by Applicant’s representative Dr. Peter T. DiMauro on 11/03/2025 is acknowledged. Applicant traversed the Lack Unity of Invention/Restriction Requirement on the ground that there ought to be no lack of unity between group I and Group III (claim 43), since they both share the same special technical feature of: a fluid catalytic cracking (FCC) catalyst composition comprising a γ-zeolite, wherein the γ-zeolite comprises a rare earth element or oxide thereof and an alumina matrix, wherein the alumina matrix comprises γ-Al2O3 or pseudo-boehmite and a dopant; and the dopant comprises a Group IIIB metal, a Group IVB metal, a Group IVA element, a Group VA element, an oxide thereof, or a combination of any two or more thereof. Applicant’s traverse has been fully considered, but not persuasive because the shared special technical feature between Group I and Group III is known and was disclosed by US2020086304 (“the `304 publication”). See the art rejection in this Office action for detail. In terms of Applicant’s 2nd argument, because the shared special technical feature between Group I and Group III is known and was disclosed by the `304 publication, the pending claims lack unity of invention. The references W02019/118344A1 and US 5,922,639 cited by Applicant would have not rendered Group I and Ground III having unity of invention. Therefore, the lack unity/restriction requirement is maintained, and made FINAL.
Status of the Claims
Claims 29-32, and 43 are withdrawn from further consideration by Examiner as being drawn to non-elected inventions under 37 CFR 1.142(b) due to the restriction requirement. Claims 1-5, 7, 10-11, 14-15, 18-20, and 23 are under examination on the merits.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-5, 7, 10-11, 14-15, 18-20, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2020086304 (“the `304 publication”) to Kuvettu et al.
Applicant’s claim 1 is drawn to a fluid catalytic cracking (FCC) catalyst composition comprising a Y-zeolite, wherein the Y-zeolite comprises a rare earth element or oxide thereof and an alumina matrix, wherein: the alumina matrix comprises γ-Al2O3 or pseudo-boehmite and a dopant; and the dopant comprises a Group IIIB metal, a Group IVB metal, a Group IVA element, a Group VA element, an oxide thereof, or a combination of any two or more thereof.
The `304 publication (claim 9) discloses a composite catalyst composition, comprising: about 10-25 wt % rare earth exchanged USY zeolite (REUSY, a Y-zeolite comprises a rare earth element); about 5-20 wt % stabilized pentasil zeolite; about 2-8 wt % phosphorous compound; about 20-45 wt % clay; about 5-25 wt % silica; about 10-35 wt % alumina; and about 0.5 to 3 wt % mixed metal oxide (dopant) selected from a group consisting of at least one of Group XI and XIII metals (Group IIIB), and the wt % being based on total weight of the catalyst composition, wherein the alumina is selected from a group consisting of pseudo-boehmite, boehmite, aluminum trihydrate, and gamma (γ-Al2O3). The `304 publication (claim 9) reads on Applicant’s claim 1. In addition, the `304 publication (Title) discloses said composite catalyst composition is used in fluid catalytic cracking process. Therefore, the `304 publication anticipates Applicant’s claim 1.
In terms of claim 2, wherein the catalyst comprises about 5 wt.% to about 30 wt.% of the Y-zeolite based on total weight of the catalyst, the `304 publication (claim 9) discloses a composite catalyst composition, comprising: about 10-25 wt % rare earth exchanged USY zeolite (REUSY, a Y-zeolite comprises a rare earth element).
In terms of claim 3, wherein the catalyst comprises about 10 wt.% to about 25 wt.% of the Y-zeolite based on total weight of the catalyst, the `304 publication (claim 9) discloses a composite catalyst composition, comprising: about 10-25 wt % rare earth exchanged USY zeolite (REUSY, a Y-zeolite comprises a rare earth element).
In terms of claim 4, wherein the rare earth element is lanthanum or an oxide thereof,
the `304 publication (claim 15) discloses a composite catalyst composition comprising REUSY zeolite, which is prepared by exchanging USY zeolite with the salts of lanthanum rich compound.
In terms of claim 5, wherein the Y-zeolite comprises from about 0.1 wt.% to about 12 wt.% of the rare earth element or oxide thereof based on total weight of the Y-zeolite, the `304 publication (claim 5) discloses a composite catalyst composition, comprising: about 10-25 wt % rare earth exchanged USY zeolite (REUSY, a Y-zeolite comprises a rare earth element), and the REUSY comprises of 0.1 to 5 wt % of rare earth oxide. For the instance of the Y-zeolite comprises from about 25 wt % rare earth exchanged USY zeolite (REUSY), and the REUSY comprises of 5 wt % of rare earth oxide disclosed by the `304 publication (claim 5), the Y-zeolite comprises about 1.25 wt.% (25 wt % x 5 wt %) of the rare earth oxide based on total weight of the Y-zeolite. Therefore, the `304 publication (claim 5) teaches the Y-zeolite comprises about 1.25 wt.% of the rare earth oxide, which reads on Applicant’s claim 5.
In terms of claim 7, wherein the catalyst comprises about 15 wt.% to about 65 wt.% of the alumina matrix based on total weight of the catalyst, the `304 publication (claim 9) discloses a composite catalyst composition, comprising about 10-35 wt % alumina. In addition, the `304 publication [0087] discloses Example-2 of preparation of FCC Catalyst, wherein the FCC Catalyst comprises 30 wt % alumina, which reads on Applicant’s claim 7.
In terms of claim 10, wherein the dopant is the Group IIIB metal, the Group IVB metal, an oxide thereof, or a combination of any two or more thereof, the `304 publication (claim 9) discloses a composite catalyst composition, comprising: about 10-25 wt % rare earth exchanged USY zeolite (REUSY, a Y-zeolite comprises a rare earth element); about 5-20 wt % stabilized pentasil zeolite; about 2-8 wt % phosphorous compound; about 20-45 wt % clay; about 5-25 wt % silica; about 10-35 wt % alumina; and about 0.5 to 3 wt % mixed metal oxide (dopant) selected from a group consisting of at least one of Group XI and XIII metals (Group IIIB), and the wt % being based on total weight of the catalyst composition, wherein the alumina is selected from a group consisting of pseudo-boehmite, boehmite, aluminum trihydrate, and gamma (γ-Al2O3). The `304 publication (claim 9) reads on Applicant’s claim 10.
In terms of claim 11, wherein the alumina matrix comprises 0.01 wt.% to about 10 wt.% of the dopant based on total weight of the alumina matrix, the `304 publication (claim 9) discloses a composite catalyst composition, comprising: about 0.5 to 3 wt % mixed metal oxide (dopant) selected from a group consisting of at least one of Group XI and XIII metals (Group IIIB), and the wt % being based on total weight of the catalyst composition. The `304 publication (claim 9) reads on Applicant’s claim 11.
In terms of claim 14, wherein the dopant is the Group IVA element, the Group VA element, an oxide thereof, or a combination of any two or more thereof, the `304 publication (claim 9) discloses a composite catalyst composition, comprising about 2-8 wt % phosphorous compound, wherein phosphorous compound is a dopant of Group VA element. Therefore, the `304 publication anticipates Applicant’s claim 14.
In terms of claim 15, wherein the alumina matrix comprises 0.01 wt.% to about 35 wt.% of the dopant based on total weight of the alumina matrix, the `304 publication [0087] discloses Example-2 of preparation of FCC Catalyst, wherein the FCC Catalyst comprises 30 wt % alumina, and silica 5 wt %. Because silica is a Group IVA element, and is considered to be a dopant of the FCC Catalyst. 5 wt% of silica in the catalyst is 14 wt% based on total weight of the alumina matrix, which reads on the limitation “the alumina matrix comprises 0.01 wt.% to about 35 wt.% of the dopant based on total weight of the alumina matrix”.
In terms of claim 18, wherein the dopant is selected from a Group IIIB metal, a Group IVA element, an oxide thereof, or a combination of any two or more thereof, the `304 publication [0087] discloses Example-2 of preparation of FCC Catalyst, wherein the FCC Catalyst comprises 30 wt % alumina, and silica 5 wt %. Because silica is a Group IVA element, and is considered to be a dopant of the FCC Catalyst.
In terms of claim 19, wherein the dopant present in the alumina matrix is selected from silicon, lanthanum, an oxide thereof, or a combination thereof, the `304 publication [0087] discloses Example-2 of preparation of FCC Catalyst, wherein the FCC Catalyst comprises 30 wt % alumina, and silica 5 wt %. Because silica is a Group IVA element, and is considered to be a dopant of the FCC Catalyst.
In terms of claim 20, wherein the alumina matrix comprises from about 50 wt.% to about 99 wt.% of γ-Al2O3 or pseudo-boehmite phase. Applicant’s specification [0008] defines the term “about” will mean up to plus or minus 10% of the particular term. For the instant case, the phrase “the alumina matrix comprises from about 50 wt.% to about 99 wt.% of γ-Al2O3 or pseudo-boehmite phase” may be interpreted as the alumina matrix comprises up to 100 wt.% of γ-Al2O3 or pseudo-boehmite phase, or only γ-Al2O3 or pseudo-boehmite phase.
The `304 publication (claim 9) discloses a composite catalyst composition, comprising: about 10-25 wt % rare earth exchanged USY zeolite (REUSY, a Y-zeolite comprises a rare earth element); about 5-20 wt % stabilized pentasil zeolite; about 2-8 wt % phosphorous compound; about 20-45 wt % clay; about 5-25 wt % silica; about 10-35 wt % alumina; and about 0.5 to 3 wt % mixed metal oxide (dopant) selected from a group consisting of at least one of Group XI and XIII metals (Group IIIB), and the wt % being based on total weight of the catalyst composition, wherein the alumina is selected from a group consisting of pseudo-boehmite, boehmite, aluminum trihydrate, and gamma (γ-Al2O3). Therefore, the `304 publication (claim 9) discloses a composite catalyst composition comprising alumina as pseudo-boehmite, or gamma (γ-Al2O3) only, which reads on the claimed limitation “wherein the alumina matrix comprises from about 50 wt.% to about 99 wt.% of γ-Al2O3 or pseudo-boehmite phase” in light of Applicant’s definition of “about” as up to plus or minus 10% of the particular term. Therefore, the `304 publication anticipates claim 20.
In terms of claim 23, further comprising a binder, alumina gel, peptized boehmite, pseudo-boehmite, kaolin, transitional alumina, or combinations thereof, the `304 publication [0087] discloses Example-2 of preparation of FCC Catalyst, wherein the FCC Catalyst comprises REUSY 25 wt %, alumina 30 wt %, kaolin clay 40 wt %, and silica 5 wt %. Therefore, the `304 publication anticipates claim 23.
Conclusions
Claims 1-5, 7, 10-11, 14-15, 18-20, and 23 are rejected.
Claims 29-32, and 43 are withdrawn.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
/YONG L CHU/Primary Examiner, Art Unit 1731