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
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on 11/12/2025 is acknowledged.
Claims 10-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakane et al. (JP 2005325201).
In ¶’s 29, examples 3 and 7, Nakane et al. teach a polyester polymerization catalyst which has an average particle diameter of 10μm or less (i.e., both D50 and D90 are 10μm or less), as achieved through a fine pulverization process, and which is a product of a reaction between a phosphorus compound (3) represented by general formula (Ill) and a titanium compound component comprising at least one type selected from among a titanium compound (1) represented by general formula (I) and a titanium compound (2) obtained by reacting said titanium compound (1) with an aromatic polycarboxylic acid represented by general formula (II) or an anhydride thereof (see the claims).
Nakane et al. teaches, as examples, producing catalyst particles in which the titanium atom/phosphorus atom molar ratio is 1 :2 and which have an average particle diameter of 5 μm by reacting titanium tetrabutoxide with monobutyl phosphate (example 3).
Regarding claim 9, it is noted that starting reaction temperature and reaction temperature is a feature of the process. The claimed product is the same as the presently claimed product absent evidence that the recited process of making results in a materially different product that does not meet the present claims. Even though product-by-process claims are limited and defined by the process, determination of patentability is based on the product itself.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1) are met.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (JP 2011168635).
In Examples 1-7 and the claims, Abe teach a polymerization catalyst for polyester production, which is obtained by reacting a titanium compound with a phosphorous compound and which has a particle diameter of 10 μm or less (i.e., both D50 and D90 are 10μm or less) (see the claims).
In addition, Abe teaches, as examples, obtaining catalyst particles by adding titanium tetrabutoxide to a monobutyl phosphate solution under acidic conditions, gradually increasing the temperature, and carrying out a reaction at a temperature of 120°C (examples 1-7).
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1) are met.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: JP 2014227468 and JP 2015172149.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
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/KELECHI C EGWIM/Primary Examiner, Art Unit 1762
KCE