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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Because this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114.
Applicant's submission of an Information Disclosure Statement filed June 16, 2026, has been considered and entered.
Accordingly, prosecution has been reopened and claims 1, 2, 9, 18, 24, 30, 37-40 have been examined in the instant action.
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, 2, 9, 18, 24, 30, 37-40 are rejected under 35 U.S.C. §102(a)(1) as anticipated by Pham (US 2024/0383763 A1 to Pham, published Nov. 21, 2024, which has an effective filing date of October 6, 2021).
Pham discloses aluminosilicate zeolites, designated as EMM-68, having a unique powder XRD pattern and unique connectivities, wherein in one embodiment is in a calcined form and having an X-ray diffraction pattern including at least 5 or 6 peaks from those depicted in Table in degree 2-theta selected from Table 1 on page 2 of Pham ([0010] and [0011]; [0034]; claims 14-22 of Pham). In a second embodiment, the aluminosilicate zeolite has a synthesized form an X-ray diffraction pattern including at least 10 of the peaks in degree selected from Table 2 of Pham, ([0012] to [0016]; [0035] of Pham). Pham discloses that the aluminosilicate zeolite, in its as-calcined form, may have a micropore volume of 0.10 to 0.40 cc/grams ([0037]; [0096] of Pham). In another embodiment, the aluminosilicate zeolite, in its as-calcined form, can have a BET surface area of 500 to 900 m2/g ([0037]; [0038] of Pham.
Pham further discloses that aluminosilicate zeolite, in its as-calcined form, may be optionally represented by a molecular formula of Formula I “Al2O3:SiO2”, depicted in paragraph [0039], wherein the zeolite comprises oxygen, silica and aluminum atoms that can be present in various ratios and has a diffraction pattern depicted in Table 2 and Table 2A ([0039] to [0043]; [0046 to [0048] of Pham.
Pham further discloses that the synthesis mixture to form the zeolite can include
one or more sources of alkali or alkaline earth metal cation (M), preferably, sodium and potassium, as well as calcium, magnesium and mixtures thereof ([0066] wherein the calcium source can calcium hydroxide (provides oxygen and hydrogen atoms). The synthesis mixture may comprise the alkali or alkaline earth metal cation (M) source in a M/Si molar ratio of 0 to 0.5, such as 0 to 0.1 or 0 to 0.05. ([0066] of Pham).
Thus, the instant claims are anticipated by Pham.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J FIGUEROA whose telephone number is (571)272-8916. The examiner can normally be reached on 8:30 am -6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH DEL SOLE can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J FIGUEROA/Primary Examiner, Art Unit 1763
September 19, 2026
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