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 with traverse of claims 1-11, an"d 16-17 in the reply filed on 2/21/2025 is acknowledged. The traversal is on the ground(s) that the different groups do not create a serious burden of search. This is not found persuasive because the different groups require a different field of search and different search considerations.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-11 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dolan US 2020/0222848.
Regarding claim 1, Dolan teaches absorbent particles containing amorphous silica (Claim 1) having a relative micropore surface area (RMA) of greater than 15% (Paragraph [0036]). The total pore volume between 500 nm and 20000 nm in diameter of the sorbent, as measured via mercury porosimetry, is “greater than 5 mm^3/g” (Paragraph [0025]).
Dolan does not expressly state a total pore volume between 500 nm and 20000 nm in diameter of the sorbent, as measured via mercury porosimetry, is less than 5 mm^3/g. However, it would have been obvious to the person having ordinary skill in the art to have a total pore volume between 500 nm and 20000 nm in diameter of the sorbent, as measured via mercury porosimetry, is less than 5 mm^3/g because the range of “greater than 5 mm^3/g” (Paragraph [0025]) expressly disclosed by Dolan is substantially close to the claimed range. “[A] prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close.” Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). See MPEP 2144.05.
Regarding claim 2, Dolan does not expressly state the crush density of the particles. However, “the discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977). In re Crish, 393 F.3d 1253, 1258, 73 USPQ2d 1364, 1368 (Fed. Cir. 2004). See MPEP 2112.
Regarding claim 3 and 6, Dolan teaches that the bulk density is less than 0.6g/cm^3 (Claim 4), which overlaps the ranges for tapped bulk density of instant claims 3 and 6 because the tapped bulk density would be greater than the bulk density of Dolan when it is tapped. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 4 and 8, the surface area may be greater than 600 m^2/g (Paragraph [0014]).
Regarding claim 5, Dolan does not expressly state a total pore volume between 500 nm and 20000 nm in diameter of the sorbent, as measured via mercury porosimetry, is less than 1 mm^3/g. However, Dolan does teach that the relative micropore surface area (RMA) may be greater than 30% (Paragraph [0024]), which would include particles that are mostly micropores. Thus, some embodiments of Dolan may include little to no pores between 500 nm and 20000 nm, which would provide predictable results of little to no pore volume of pores between 500 nm and 20000 nm, which are not micropores. Thus, it would have been obvious and predictable to the form the particles of Dolan with a total pore volume between 500 nm and 20000 nm in diameter of the sorbent, as measured via mercury porosimetry, is less than 1 mm^3/g.
Regarding claim 7, Dolan teaches that the relative micropore surface area (RMA) may be greater than 30% (Paragraph [0024]).
Regarding claim 9, the size of the beads may be 2.4 to 4 mm (Paragraph [0040]).
Regarding claim 10, the particles may be greater than 85% silica (Paragraph [0034]).
Regarding claim 11, the particles may include alumina (Paragraph [0034]).
Regarding claims 16-17, the particles may be used in a gas purification bed (Figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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, Amber Orlando can be reached at (571) 270-3149. 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.
/JAMES A FIORITO/Primary Examiner, Art Unit 1731