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 1-11 in the reply filed on 05/19/2026 is acknowledged.
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, 3 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anthonis et al. US 6190638.
Regarding claim 1, Anthonis et al. teaches molecular sieve layers made of crystalline particles arranged within the layer (Abstract and Col. 1, lines 6-23). The reference teaches that MFI zeolites including ZSM-5 are used (Col. 3, lines 23-31). ZSM-5 is a pentasil-zeolite since it has several pentasil units (See Instant Specification Para [0007]). The reference teaches that a layer of MFI type zeolite is grown from seed crystals on top of a substrate surface where the c-axis or a-axis is perpendicular (Col. 1, lines 46-53). Additionally, the reference teaches that c-axis is the favored growth axis for the crystals (Col. 1 lines 53-57). This indicates that the crystals would be oriented elongate along a longitudinal c-axis. The reference further teaches that it is desired that molecules should pass through the sieve layer in the pores extending in the direction of the b-axis, in which case their path is less tortuous through the ordered layer (Col. 1, lines 58-63). The b-axis pores read upon the b-channels of the claim. Since these channels are not blocked by the substrate and a- and c-axis are perpendicular to the surface, this indicates that the b-axis is parallel to the substrate surface. Since one axis is perpendicular and one axis is parallel the third axis will be perpendicular to the surface as well. All three axis are always perpendicular to each other.
Regarding claims 3 and 4, the reference teaches a size of 110-200nm (Col. 5, line 12).
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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anthonis et al. US 6190638.
Regarding claim 5, the Anthonis reference does not teach an amount of pentasil-zeolite (ZSM-5) crystal as part of the composition.
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary level of skill in the art to determine a suitable and optimal amount of the ZSM-5 zeolite to include in the composition of Anthonis. One would be motivated to use a composition which imparts sufficient catalytic function. Especially since the reference teaches that these molecular Sieve materials may be used as catalysts in catalytic processes and/or in Separation processes Such as for example adsorption processes (Col. 5 lines 27-29).
Regarding claims 6 and 7, The Anthonis reference does not teach the specific or external surface area of the pentasil-zeolite crystals.
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary level of skill in the art to determine a suitable or optimal surface area of the ZSM-5 crystals of Anthonis. The surface area is directly controlled by the crystal size, making it a result effective variable. The reference teaches that the crystal size can be adjusted between 10-500nm (See claim 5 of Anthonis).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anthonis et al. US 6190638 , in view of Blakeman et al. US 2013/0149223.
Regarding claim 2, the Anthonis reference teaches that the composition can be used in a catalyst for a catalytic process such as adsorption process (Col. 5, lines 27-29). However, the reference does not teach using a substrate that is a monolithic catalyst support.
Blakeman et al. teaches a catalyst for reducing of NOx gases (Abstract). The reference teaches a support material supporting a molecular sieve, such as ZSM-5 zeolite. A washcoat coating is oriented to contact exhaust gas. The substrate monolith comprises a catalyst for selectively catalysing the reduction of oxides of nitrogen to dinitrogen with a nitrogenous reductant disposed downstream from the first catalysed substrate monolith (Para [0025]).
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary level of skill in the art to load the ZSM-5 material of Anthonis on the monolithic catalytic support of Blakeman. The selection of a known material based on its suitability for its intended use is a prima facie case of obviousness (MPEP §2144.07).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anthonis et al. US 6190638 , in view of Larsen et al. US 20120027673.
Regarding claim 8, the Anthonis reference is silent regarding the mesoporous volume of the pentasil-zeolite crystal.
Larsen teaches synthesis of nanocrystalline zeolite ZSM-5 utilizing a pH controlling agent to adjust the mesopore volume (Abstract). The reference teaches the ZSM-5 sample can be synthesized to have a mesoporous volume of 0.085-0.43 cm3/g (Para [0081]).
Before the effective fling date of the claimed invention it would have been obvious for a person of ordinary level of skill in the art to determine a suitable or optimal range for the mesopore volume. The pH controls the volume (See Larsen Para [0024]) making it a result effective variable which can be optimized without undue experimentation.
Allowable Subject Matter
Claims 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 9 requires “The solid porous composite material of claim 1, further comprising an array of a metal oxide having channels in fluid communication with the plurality of a- channels and the plurality of b-channels of the array of pentasil-zeolite crystals.”
Anthonis does not teach or suggest “…an array of a metal oxide having channels in fluid communication with the plurality of a- channels and the plurality of b-channels of the array of pentasil-zeolite crystals.” Nor would it have been obvious to do so.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED TAHA IQBAL whose telephone number is (571)270-5857. The examiner can normally be reached M-F; 7-5.
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/SYED T IQBAL/ Examiner, Art Unit 1736
/ANTHONY J ZIMMER/ Supervisory Patent Examiner, Art Unit 1736
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