Prosecution Insights
Last updated: May 29, 2026
Application No. 18/049,371

POLYMALEIC ACID ASSISTED METAL NANOPARTICLE SYNTHESIS FOR THREE-WAY CATALYSIS APPLICATION

Final Rejection §103§112
Filed
Oct 25, 2022
Priority
Oct 26, 2021 — provisional 63/263,035
Examiner
LACLAIR, LOGAN EDWARD
Art Unit
1736
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Johnson Matthey Public Limited Company
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
140 granted / 180 resolved
+12.8% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
214
Total Applications
across all art units

Statute-Specific Performance

§103
73.2%
+33.2% vs TC avg
§102
9.2%
-30.8% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 180 resolved cases

Office Action

§103 §112
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 Claim 21 is objected to because of the following informalities: the claim should be amended to read “The catalyst article of Claim 20, further comprising . Appropriate correction is required. Claim 22 is objected to because of the following informalities: the claim should be amended to read “The catalyst article of Claim 20, further comprising…. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 8-12, 15-16, and 19 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 Claims 8-9, 12, 15-16, and 19, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claims 10-11 are rejected for their dependence on Claim 8 and for further failing to remedy the indefiniteness. For purposes of examination, the claims will be interpreted as not being limited to those elements indicated as “preferable”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, Claim 19 recites the broad recitation 400 °C to 700 °C, and the claim also recites 450 °C to 600 °C, which is the narrower statement of the range/limitation. Further, Claim 19 also recites the broad recitation from 10 to 360 minutes, and the claim also recites 35 to 120 minutes, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-5, 7-10, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20110033353A1, hereinafter ‘Siani’, in view of Rivas et al. (Poly(acrylic acid-co-maleic acid)–metal complexes with copper(II), cobalt(II), and nickel(II): Synthesis, characterization and structure of its metal chelates, Polyhedron, 1999), hereinafter ‘Rivas’. Regarding Claim 1, Siani discloses a method of manufacturing a catalyst article ([0002]), the method comprising: providing a complex of a polymer and a PGM (Example 3, [0111]: 6.6 g of an H2PtCl6 solution, a solution comprising the platinum group metal Pt, was mixed with 10 mg of Poly vinylpyrrolidone (PVP) – this mixture is considered to form a complex); providing a support material; applying the complex to the support material to form a loaded support material ([0111]: Following stirring for 1 hour in air of the obtained mixture (of the Pt/polymer solution), an appropriate amount of alumina powder (a support material) was added, thereby forming a loaded support material); disposing the loaded support material on a substrate ([0124]-[0125]: powders corresponding to Examples 2-3, 7, and 9 were combined with cordierite, a substrate); and heating the loaded support material to form nanoparticles of the PGM on the support material ([0121]: the powder of Example 3 was thermally aged for 12 hours at 800 °C; [0112]: the precious metals are present in the composition as nanoparticles). Further regarding Claim 1, Siani discloses the use of polymers, such as the PVP utilized in the above examples, as a protecting agent for the precious metal ([0048]). Particularly, Siani discloses that any suitable compound can be used in the context of the invention as the protecting agent, and defines suitable as soluble homo- and co-polymers having one or more amino, amido, carboxylic, aldehydic, or hydroxyl groups, and organic molecules having one or more amino, amido, carboxylic, aldehydic, or hydroxyl groups and mixtures thereof ([0046]). In a particular embodiment, Sinai discloses preferred protecting agents include poly(vinylalcohol), poly(vinylpyrrolidone), poly(ethyleneimine), poly(acrylic acid), carbohydrates, or alkali metal citrates ([0048]). However, Siani does not disclose the use of a maleic acid-containing polymer in the formation of the PGM complex as claimed. Rivas discloses the formation of metal complexes using poly(acrylic acid-co-maleic acid) (PAAMA) and chlorides of copper, cobalt, and nickel (Title). A person of ordinary skill in the art would have recognized Rivas as analogous to Siani, as both references are drawn to the same field of endeavor as the claimed invention, the synthesis of metal-containing polymer materials - a reference is analogous art to the claimed invention if the reference is from the same field of endeavor as the claimed invention, In re Bigio, 381 F.3d at 1325, 72 USPQ2d at 1212. Particularly, both Siani and Rivas disclose the admixture of a metal chloride with a co-polymer having carboxylic groups (both the acrylic and maleic portions of PAAMA contain carboxylic acid groups). Furthermore, while Rivas does not disclose the use of PGMs such as those utilized by Siani, it is clear from the disclosure of Rivas that the findings therein are not exclusive to these metals – particularly, Rivas discloses “[i]t is well known that the carboxylic acid moiety forms stable complexes or exchanges the protons with metal ion depending on the pH” (3. Results and discussion). Notably, the disclosure of Siani discloses a step of adjusting the pH of the mixture of the metal precursor, protecting agent, and support ([0022]-[0027]). Therefore, the general teachings of Rivas are considered applicable to the process disclosed by Siani. Further, Rivas discloses that a copolymer poly(acrylic acid-co-maleic acid) with a high content of carboxylic ligand groups was used to prepare polychelates, or polymers synthesized to bond with metal ions (3. Results and discussion). Rivas discloses the successful formation of complexes with all metals utilized by the study (4. Conclusions). Therefore, given that Siani discloses the use of protecting agents comprising co-polymers having a carboxylic group, such as poly(acrylic acid), and given that Rivas discloses successfully binding metal ions with a poly(acrylic acid-co-maleic acid) polymer solution comprising several carboxylic groups, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to utilize a poly(acrylic acid-co-maleic acid) polymer solution as a protecting agent in the process of Siani, as PAAMA would be considered a suitable protecting agent within the process of Siani, thereby making obvious the use of a maleic acid-containing polymer as claimed. Regarding Claims 2-5, Siani as modified above makes obvious the use of PAAMA as discussed above. Regarding Claim 7, Siani as modified above makes obvious the use of platinum as the PGM ([0111]). Regarding Claims 8-9, Siani as modified above makes obvious the use of alumina, or Al2O3, as the support material ([0111]). Regarding Claim 10, Siani as modified above makes obvious the use of a support material comprising zirconia ([0058] of Siani: the support material may be selected from, among others including aluminum dioxide, zirconium oxide – therefore, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to try the use of a zirconium oxide support, as such supports are disclosed as suitable for use in the disclosed invention among a finite list of suitable support materials). Regarding Claim 20, Siani as modified above makes obvious a catalyst article formed by the method of Claim 1 (the product of the method of Siani as modified above is considered a catalyst article as claimed). Further regarding Claim 20, with regard to the language ‘the catalyst article for use in an emission treatment system’, it is noted that this phrase is the intended use of the claimed product. Limitations based on the intended use of a structure do not confer patentability if the prior art is capable of performing the same function — see MPEP 2111.02(II). In the instant case, the method of making the article of Siani as modified above is substantially identical to the process of making as recited by Claim 1. Therefore, the product thereof must therefore have the same or substantially the same properties including suitability for use in an emission treatment system as claimed. See MPEP 2112.01 (I). Therefore, the article as taught by Siani as modified above is commensurately capable of providing for such intended uses in as much as recited and required herein, and therefore Siani as modified above meets this intended use limitation as claimed. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20110033353A1, hereinafter ‘Siani’, in view of Rivas et al. (Poly(acrylic acid-co-maleic acid)–metal complexes with copper(II), cobalt(II), and nickel(II): Synthesis, characterization and structure of its metal chelates, Polyhedron, 1999), hereinafter ‘Rivas’, and evidenced by Grimm et al. (A crystallization screen based on alternative polymeric precipitants, Biological Crystallography, 2010), hereinafter ‘Grimm’, and Millipore Sigma (Poly(acrylic acid-co-maleic acid) solution). Regarding Claim 6, while Siani as modified above suggests the use of PAAMA as a protecting agent, Rivas is silent regarding the ratio of acrylic acid to maleic acid in said PAAMA solution. However, Rivas discloses the use of “Poly(acrylic acid-co-maleic acid), MW 50 000, Aldrich” – as evidenced by Grimm, maleic acid/acrylic acid copolymer solutions available from Aldrich are ‘50/50’ (Page 692, passage below the end of Table 2), meaning that the solution comprises 50 mol% of both acrylic and maleic acid (such co-polymers are conventionally described on a molar basis – see Millipore Sigma PAAMA product page, attached). Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to utilize such a solution, having a 1:1 molar ratio of acrylic acid to maleic acid and falling within the instant claimed range, as the use of such a solution within Rivas results in effective metal-polymer complex formation, and further such a solution would contain carboxyl groups capable of forming such a complex, absent evidence of criticality associated with the claimed ratio. Claim(s) 11-19, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20110033353A1, hereinafter ‘Siani’, in view of Rivas et al. (Poly(acrylic acid-co-maleic acid)–metal complexes with copper(II), cobalt(II), and nickel(II): Synthesis, characterization and structure of its metal chelates, Polyhedron, 1999), hereinafter ‘Rivas’, and further in view of US20120180464A1, hereinafter ‘Wei’. Regarding Claim 11, Siani as modified above makes obvious the use of alumina and/or zirconia as a support material, and further discloses that the utilized support may be present in the form of a solid solution, or a mixture of oxides ([0057]). Further, the catalyst of Siani is disclosed as a catalyst for the treatment of exhaust gas in diesel engines ([0074]). However, Siani as modified above does not disclose the use of doped zirconia and/or alumina as claimed. Wei discloses catalyst systems for the treatment of gaseous streams of gasoline engines ([0002]). A person of ordinary skill in the art would have recognized Wei as analogous to Sinai as modified above, as both references are drawn to the same field of endeavor as the claimed invention, exhaust gas purification catalysts - a reference is analogous art to the claimed invention if the reference is from the same field of endeavor as the claimed invention, In re Bigio, 381 F.3d at 1325, 72 USPQ2d at 1212. Further, Wei discloses that for support of a platinum group metal, such as platinum, the metal is dispersed on a high surface area alumina support. Additionally, Wei discloses that the support metal may be stabilized against thermal degradation by the incorporation of materials into the alumina support such as, most usually, rare earth metal oxides, for example, ceria, lanthana and mixtures of two or more rare earth metal oxides ([0022]). Given that the catalyst of Sinai as modified above is disclosed as an exhaust gas purification catalyst, which would operate at high temperatures generated by combustion, and given that Wei discloses the use of rare earth metal oxides such as lanthanum oxide that are “most usually” utilized within such catalysts to improve thermal stability of the support, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to dope the aluminum utilized by Siani as modified above with a rare earth metal such as lanthana to improve the thermal stability of the manufactured catalyst. Regarding Claim 12, Siani as modified above makes obvious the use of alumina doped with lanthana, an oxide of lanthanum, as discussed above. Regarding Claim 13, while Siani as modified above discloses the synthesis of a catalyst powder according to Claim 1, Siani as modified above discloses the admixture of catalyst powder and substrate powder ([0124]), and does not disclose the loaded support material being disposed on the substrate in the form of a slurry. However, Wei, shown as analogous to Siani et al. above, discloses a method for forming monolithic exhaust gas catalyst from a slurry of active catalytic materials. Particularly, Wei discloses the formation of a monolithic catalyst by applying a wash coat, or a thin, adherent coating of a catalytic or other material applied to a substrate carrier material, such as a honeycomb-type carrier member, which is sufficiently porous to permit the passage there through of the gas stream being treated ([0028]). By this method, a catalyst may be prepared such that it possesses distinct layers serving different functions - to incorporate components such as precious metals, stabilizers and/or promoters, such components may be incorporated in the slurry as a mixture of water soluble or water-dispersible compounds or complexes. Wei discloses specifically that such a method includes preparing a mixture of a solution of a desired precious metal compound and at least one support, such as a finely divided, high surface area, refractory metal oxide support, e.g., gamma alumina, to form a wet solid which later is combined with water to form a coatable slurry. This slurry is coated upon a catalyst substrate, thereby impregnating the substrate with the catalytic material, and additional layers may be applied upon the first wash coat layer ([0030], [0032]). Further, Siani discloses an embodiment of the invention in which the inventive catalyst is compared to state-of-the-art examples in an environment simulating the exhaust emissions of a conventional diesel engine. Notably, while Siani does not disclose the use of a monolithic catalyst, Siani does disclose that the conditions of such testing are controlled to simulate what would be experienced by a monolith sample ([0124]). It is also disclosed that the invention is directed to the use of a catalyst by the process of the disclosed invention as a diesel oxidation catalyst ([0074]). Further, Wei discloses that the use of a porous substrate carrier material, such as a honeycomb-type carrier member, provides porosity to permit the passage there through of the gas stream being treated ([0028]) – it is evident that this would be advantageous in catalysis of such gas, as porosity provides increased surface area for contact between those materials in the exhaust gas targeted for removal and the catalytic metals that facilitate their catalysis and removal. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to coat a slurry of the catalytic material manufactured by the process of Siani as modified above upon a monolithic substrate, such as a honeycomb substrate, to form an effective diesel oxidation catalyst. Since the contact of exhaust gas with the catalytic material is required for exhaust gas treatment, and since disposing catalytic metals within a porous monolith would provide improved surface area for such contact, it would be obvious to perform such a wash coat method in order to result in a catalyst effective in the treatment of diesel exhaust. Regarding Claim 14, Siani as modified above makes obvious providing the complex of a maleic-acid containing polymer and a PGM comprises synthesizing the complex in situ ([0111]: an aqueous solution of H2PtCl6 is mixed with water, protecting agent, and subsequently alumina – when the process of Siani is modified to include the wash coat method of Wei as discussed above, the synthesis of the complex would be considered to take place in situ in the slurry, as the complex is not prepared separately before being applied to the substrate in the form of a slurry). Regarding Claim 15, Siani as modified above makes obvious the slurry is prepared by a method comprising contacting a PGM salt and a maleic acid-containing polymer in water to form the complex of a maleic acid-containing polymer and a PGM in an aqueous solution and applying the complex to the support material to form a loaded support material by contacting the support material with the aqueous solution ([0111] of Siani, as modified above: a solution of H2PtCl6, a PGM salt, is mixed with water and a PAAMA and stirred, after which alumina is added to the solution and mixed, thereby forming a loaded support material by contacting the support material with the aqueous solution). Further regarding Claim 15, the limitation “optionally adding one or more of an oxygen storage material, preferably ceria-zirconia; a promoter salt; a binder; an acid or a base; a thickening agent; and a reducing agent to the aqueous solution” is an optional limitation. Therefore, this limitation is not required by the claim, as claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed. See MPEP 2111.04 (I). Regarding Claim 16, Siani does not disclose the slurry is prepared by a method comprising contacting a PGM salt and a support material in water to form a support material suspension, contacting the support material suspension with a maleic acid-containing polymer to form a loaded support material, the loaded support material comprising support material having a complex loaded thereon, the complex comprising a complex of the maleic acid-containing polymer and the PGM. However, these claims are drawn to limitations pertaining to the sequence of adding ingredients — as held by the court in In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930), the selection of any order of mixing ingredients is prima facie obvious in the absence of new or unexpected results associated with the claimed order of adding said ingredients. In the instant case, considering the instant published specification at [0073], it is disclosed that “[s]uch a “one-pot” preparation method may be simplified and lower cost in comparison to conventional methods. It may also maximize utilization of the polymers.” While this presents “one-pot” preparation as having an advantage in simplification of the process and maximization of polymer utilization, it is not clear whether “one-pot” synthesis as disclosed herein encompasses any embodiment considered “one-pot”, or whether the particular claimed method requiring the formation of a support material suspension is associated with these results. Nonetheless, simplification of the process is not considered to rise to the level of unexpected results, as a reduction in mixing vessels would clearly result in a process having less components, thereby reducing process complexity, and therefore such an advantage is not considered unexpected. As such, absent other evidence of such new or unexpected results associated with the sequence of adding ingredients, the claimed sequence of ingredients is considered prima facie obvious over the disclosure of Siani as modified above, which discloses the sequence of adding ingredients disclosed in Claim 15. Further regarding Claim 16, the limitation “optionally adding one or more of an oxygen storage material, preferably ceria-zirconia; a promoter salt; a binder; an acid or a base; a thickening agent; and a reducing agent to the support material suspension” is an optional limitation. Therefore, this limitation is not required by the claim, as claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed. See MPEP 2111.04 (I). Regarding Claim 17, Siani as modified above does not disclose disposing a further slurry on the substrate, the further slurry comprising one or more of a further support material; an oxygen storage material; a promoter salt; a binder; an acid or a base; a thickening agent; and a reducing agent, wherein disposing the further slurry on the substrate takes place before disposing the support material on the substrate and/or after heating the loaded support material to form nanoparticles of the PGM on the support material. However, Wei discloses that additional layers, i.e., second and third layers, may be prepared and deposited upon the first layer in the same manner as described above for deposition of the first layer upon the carrier. In particular embodiments, Wei discloses the manufacture of multi-layered catalysts in which a precious metal layer supported by alumina is coated on a monolith, dried and calcined, and subsequently the calcined article is coated again with a top coat comprising rhodium, a catalytic metal suitable for use within the process of Siani ([0071]), promoters such as Ba and Zr, and an oxygen storage component comprising a solid solution of cerium and zirconium (Examples 2, 4-7). Promoters are known to “promote” the activity of a catalyst, thereby increasing its activity in catalysis of reactions to remove target components in the exhaust gas. Additionally, providing a second layer comprising rhodium, a catalytic metal, increases the loading of catalytic metal, thereby increasing the capacity of said catalyst for promoting the conversion of target components in the exhaust gas. Wei demonstrates in these examples that, when applying multiple layers, a first layer is applied, calcined, and subsequent to calcination a second layer is applied. Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to dispose a second layer of catalyst material upon the coated monolith catalyst of Siani as modified above following heating the loaded support material to form nanoparticles of the PGM on the support material, said layer including rhodium, promoters such as Ba and Zr, and an oxygen storage component comprising a solid solution of cerium and zirconium. The presence of this additional layer would have been expected by one of ordinary skill in the art to lead to improved catalyst performance in removal of target components from exhaust gas by the presence of additional catalytic metals in addition to promoters that improve the activity of said catalyst. Regarding Claim 18, Siani as modified above makes obvious the substrate is in the form of a honeycomb monolith (as discussed above, Wei suggests the use of a honeycomb monolith as a substrate within the process of Siani). Regarding Claim 19, Siani as modified above makes obvious the heating is carried out at a temperature of from 400° C. to 700° C ([0061] of Wei: the heating of the catalyst is performed at 590 °C in air – given this treatment results in the formation of an exhaust gas catalyst as desired by Sinai, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to utilize a temperature of 590 °C for heating the coated monolith in the process of Siani as modified above, as such a temperature has been shown to predictably yield an exhaust gas catalyst suitable for use in treating exhaust gas). Further regarding Claim 19, the instant claim is drawn to limitations that are presented in the alternative, or are otherwise considered "optional", such that they are not required by the claim in the presence of other alternatives. In the instant case, such limitation is: “…wherein the heating is carried out…for from 10 to 360 minutes”. Therefore, given that Siani as modified above suggests heating at a temperature within the claimed range, the corresponding alternative is not required by the claim. Regarding Claim 21, as discussed above, Siani as modified above makes obvious the use of a two-layer catalyst, wherein a first and second layer comprise a platinum group metal and a corresponding support. Further, Siani discloses that the platinum group metal is preferably selected from platinum, palladium, rhodium, gold and silver or mixtures thereof ([0071]). Given this, and given that the number of combinations of these materials in a two-layer catalyst as described is limited, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to try the use of a bottom layer of support material having rhodium thereon, and a top layer of support material having palladium thereon, thereby forming the two-layer catalyst as suggested by Wei, as such a combination would reasonably be expected to perform suitably in exhaust gas catalysis, absent evidence of criticality associated with the claimed configuration. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is prima facie obvious in the absence of unexpected results, as held in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Regarding Claim 22, as discussed above, Siani as modified above makes obvious the use of a two-layer catalyst, wherein a first and second layer comprise a platinum group metal and a corresponding support. Further, Siani discloses that the platinum group metal is preferably selected from platinum, palladium, rhodium, gold and silver or mixtures thereof ([0071]). Given this, and given that the number of combinations of these materials in a two-layer catalyst as described is limited, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to try the use of a bottom layer of support material having palladium thereon, and a top layer of support material having rhodium thereon, thereby forming the two-layer catalyst as suggested by Wei, as such a combination would reasonably be expected to perform suitably in exhaust gas catalysis, absent evidence of criticality associated with the claimed configuration. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is prima facie obvious in the absence of unexpected results, as held in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Metin et al. (Palladium(0) nanoclusters stabilized by poly(4-styrenesulfonic acid-co-maleic acid) as an effective catalyst for Suzuki–Miyaura cross-coupling reactions in water, Journal of Molecular Catalysis A: Chemical, 2011) discloses the synthesis of palladium nanoclusters stabilized by poly(4-styrenesulfonic acid-co-maleic acid), a compound analogous to the polymer as claimed, for catalyst applications. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN LACLAIR whose telephone number is (571)272-1815. The examiner can normally be reached M-F, 7:30-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached at (571) 272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. LOGAN LACLAIR Examiner Art Unit 1738 /LOGAN LACLAIR/ Examiner, Art Unit 1738
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Prosecution Timeline

Oct 25, 2022
Application Filed
Nov 12, 2025
Non-Final Rejection mailed — §103, §112
Feb 12, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §103, §112 (current)

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3-4
Expected OA Rounds
78%
Grant Probability
99%
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3y 1m (~0m remaining)
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