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 .
Claim Objections
Claim16 objected to because of the following informalities: The claim states “Use of a catalyst” making the claim indefinite. Correction to “Method of using a catalyst” would overcome this rejection. Appropriate correction is required.
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.
Claims 1-10 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumar et al. (EP-3170553-A2).
Regarding claims 1-3 and 5-9
Kumar discloses dipping the inlet side of an axial end of a monolith substrate of corierite having about 400 flow passages into a slurry of catalyst then calcining to have a coating covering 70 % of the axial length and containing platinum (i.e., first platinum group metal), palladium (i.e., second platinum group metal), alumina (i.e., first oxidic support material), ceria-zirconia (i.e., a second oxidic support material), ceria (i.e., first oxygen storage compound), strontium oxide, lanthanum oxide and neodymium oxide (para 0123). Kumar then discloses dipping the outlet end in a second slurry and calcining to have a coating covering70 % of the axial length and containing platinum (i.e., fourth platinum group metal), rhodium (i.e., third platinum group metal), alumina (i.e., third oxidic support material), zirconia, and ceria-zirconia composite (para 0124).
As the components are mixed and applied as a slurry the platinum group metals would be surrounding, and after calcination the platinum group metals would be supported on the oxidic materials.
Kumar discloses that catalyst is used for treating exhaust from combustion engines (abstract, and paras 0002-0003), and the catalyst of Kumar would be capable of treating diesel exhaust.
Regarding claim 4
The alumina can be both the oxidic support and the oxygen storage material.
Regarding claim 10
Kumar discloses that the second slurry after calcining has 12.5 g/ft3 of rhodium and 10.5 g/ft3 of platinum (para 0124).
Regarding claims 15-16
Kumar discloses that the exhaust gas stream is passed through the catalyst (para 0022).
Claim Rejections - 35 USC § 103
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 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al. (EP-3170553-A2), as applied to claims 1-10 and 15-16 above.
Regarding claims 11-12
Kumar discloses that it is known to have palladium (i.e., fifth platinum group metal) and silver supported on a zeolite material such as ZSM-5 (i.e., an MFI group zeolite) (para 0077). As such it would have been prima facie obvious to include the zeolite material in the first slurry.
Regarding claims 13-14
Although Kumar is silent as to whether or not the platinum group metal is supported on the oxidic support material in the slurry, at some point the platinum group metal will be supported on the oxidic material, and it has been held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results, see MPEP 2144.04, section C, and also In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946), and In re Gibson, 39 F.2d 975, 5USPQ 230 (CCPA 1930).
Conclusion
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734