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 .
Applicant’s election without traverse of Group I, claims 1-7 and 16 in the reply filed on November19, 2025 is acknowledged.
Claim Objections
Claim 7 is objected to under 37 CFR 1.75(c) as being in improper form because it refers back to multiple dependent claims (1 and 6). Specifically, it is unclear whether claim 7 depends on claim 1, claim 6, or any one of claims 1 through 6.
Claim 5 is objected to because of the parenthetical expression Mn(0.1 to 0.50)MoS₂. It is unclear whether the numerical composition refers to Mn or MoS₂; clarification is required to particularly point out and distinctly claim the invention.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1-7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sheehan et al (US 2013/0234037 A1).
Applicant’s claimed invention is directed to a method for producing methanol (CH30H) from carbon dioxide (C02) and hydrogen (H2), characterized in that comprising reacting CO2 is reacted with H2 over a manganese-promoted molybdenum (IV) sulfide catalyst.
Sheehan teaches the reactor was filled with CO2 to 250 psi and 500 psi of H2 leading to a total pressure at 750 psi > 10 bar. The reactor was then heated to 275° C., for 15 hours prior to cooling and product collection. For product collection, the reactor was vented and disassembled to recover liquid at the bottom of the reactor [0112].
Sheehan teaches sulfide containing Mo based catalyst can be prepared by coprecipitating metal salts with ammonium sulfide, in many cases these can be substituted with a suitable metal salt [0094].
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Sheehan teaches the molar ratio of reductant gas:CO2 in the feed mixture is about 10:1 to about 1:10. In some embodiments, the molar ratio of reductant gas:CO2 in the feed mixture is about 5:1 to about 0.5:1. In some embodiments, the ratio of reductant gas:CO2 in the feed mixture is about 3:1 to about 1:1. In some embodiments, the ratio of reductant gas:CO2 in the feed mixture is about 2:1, which falls within the same rage of partial pressure ratio of CO2 to H2 is about 1:2.5 to 1:3.5.
Sheehan teaches the molybdenum is present in an amount of 10-40 wt. %, 10-30 wt. %, or 10-20 wt. % of the total amount of the one or more first elements, the molybdenum, the one or more second element [0038]. One or more second elements selected from sulfur, carbon, oxygen, phosphorus and nitrogen [0014].
Sheehan discloses that carbon dioxide is generated from fossil fuel including the flue gas and atmosphere [0005].
The primary goal of both the claimed invention and Sheehan is to produce alcohol from CO2 hydrogenation, utilizing the same, or closely related, manganese-promoted molybdenum sulfide chemistry.
The claimed method represents a predictable variation of Sheehan. The use of Mn-promoted molybdenum sulfide to catalyze the reduction of carbon dioxide
to methanol was known or predictable, as MoS2-baded catalyst with specific promoter are established in the art for this reaction. A person ordinary skilled in the art, prior to the effective filing date of the claimed invention would have been motivated to combine these teachings to produce methanol, as it was a known outcome of the catalyst system described in Sheehan.
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/JAFAR F PARSA/Primary Examiner, Art Unit 1692