DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 1 has been amended. Claims 2, and 10 are cancelled. Claims 1, 3-9, and 11-16 are pending.
Priority
This application, filed on March 1st, 2023, claims priority benefit to U.S. Provisional Patent Application No. 63/316,883 filed on March 4, 2022.
Information Disclosure Statement
Applicants’ Information Disclosure Statement, filed on 03/27/2023, has been considered. Please refer to Applicant’s copy of the PTO-1449 submitted herewith.
Response to Restriction Requirement
Applicant’s election without traverse of Group I (i.e., claims 1, 3-9, and 11-12) in the reply filed by Applicant’s representative John D. Russell on 11/20/2025 is acknowledged.
Status of the Claims
Claims 13-16 are withdrawn by Applicant as non-elected subject matter. Claims 1, 3-9, and 11-12 are under examination on the merits.
Claim Rejections - 35 USC § 102
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 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 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, 3-9, and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2001/0046608 (“the `608 publication”) to Pickrell et al. evidenced by Lekhal et al., Chemical Engineering Science, (2001), v.56, p.4473-4487.
Applicant’s claim 1 is drawn to a method for forming a porous structure with a catalyst, wherein the method comprises the steps: coating an organic space holder material with at least one catalytic material to form a coated organic space holder material, mixing the coated organic space holder material with a carrier material and a binder to form a mixture and the mixing is performed at temperature of 150-250 °C, and removing the organic space holder material and sintering the mixture to form the porous structure with the catalyst.
Example 8 of the `608 publication [0043-0045] discloses a method for preparing a catalyst with porous structure, wherein the method comprises the steps of mixing 6% polyvinyl alcohol (binder), 20% hollow acrylic spheres (organic space holder material) aqueous solutions and Powdery FeCrALY metal (catalytic material) to form a mixture at 70, 11.5 and 7.5 weight percentage, respectively. The mixture was mixed in an aqueous solution by a Hobart mixer until it was uniform. The materials used to form the spheres were a mixture of 2-propenenitrile (polyacrylonitrile) and 2-methyl 2-propenenitrile (polymethacrylonitrile). The mixture was cast as a thin film onto a carrier substrate. The thickness of the cast layer was metered by adjusting the gap between the doctor blade and the carrier. The thin sheet was dried in the air and fired at a controlled atmosphere at 2400°F. In addition, the `608 publication (Abstract) discloses a mixture of ceramic or metal particles and pliable organic hollow spheres is prepared in a liquid, typically as a suspension. The article is formed by pressing, slip casting, extruding or injection molding the mixture. The article is dried to remove the liquid, and then is fired so that the particles are bonded such as by sintering, and the organic spheres are eliminated, resulting in a strong porous article having uniformly spaced interconnected voids.
The difference between Applicant’s claim 1 and the `608 publication is that the prior art does not teach performing drying at temperature of 150-250 °C. Instead, the `608 publication (Abstract and Example 8) teaches drying the mixture article, and the article is dried to remove the liquid, and then is fired so that the particles are bonded such as by sintering, and the organic spheres are eliminated, resulting in a strong porous article having uniformly spaced interconnected voids. However, drying the article at temperature of 150-250 °C is further evidenced by Lekhal et al., which discloses “Drying, which follows impregnation, causes the evaporation of the liquid solvent. Catalyst drying is usually carried out at temperatures between 50 °C and 250 °C (see left column at p.4474). Therefore, the `608 publication evidenced by Lekhal et al. would have anticipated claim 1.
In terms of claim 3, wherein the mixture is arranged to a predetermined shape for forming a desired structure, the `608 publication (Abstract) teaches the article of mixture is formed by pressing, slip casting, extruding or injection molding the mixture.
In terms of claim 5, wherein the catalyst comprises at least metal, ceramic material, composite material and/or their combination, the `608 publication (claim 1) teaches a method for forming a porous article comprising the steps of: preparing a mixture of particles and hollow pliable resilient organic polymer spheres in a liquid; said particles made from a material taken from the group consisting of ceramic and metal.
In terms of claim 6, wherein the organic space holder material consists of beads,
Example 8 of the `608 publication [0043-0045] discloses a method for preparing a catalyst with porous structure, wherein the method comprises the steps of mixing 6% polyvinyl alcohol, 20% hollow acrylic spheres (PM6545, PQ Corporation). Said hollow acrylic spheres (PM6545, PQ Corporation) is beads.
In terms of claim 7, wherein the organic space holder material is formed from thermoplastic material, Example 8 of the `608 publication [0043-0045] discloses the organic space holder material is 20% hollow acrylic spheres (PM6545, PQ Corporation), which is a mixture of 2-propenenitrile (polyacrylonitrile) and 2-methyl 2-propenenitrile (polymethacrylonitrile). The mixture is formed from thermoplastic material of polyacrylonitrile and polymethacrylonitrile.
In terms of claim 8, wherein the organic space holder material comprises PMMA (polymethylmetacrylate), derivates of PMMA, polypropylene, derivates of polypropylene or their combinations, Example 8 of the `608 publication [0043-0045] discloses the organic space holder material is 20% hollow acrylic spheres (PM6545, PQ Corporation), which is a mixture of 2-propenenitrile (polyacrylonitrile) and 2-methyl 2-propenenitrile (polymethacrylonitrile). Polyacrylonitrile and polymethacrylonitrile are interpreted as derivates of polymethylmetacrylate.
In terms of claim 11, wherein the binder contains at least one component selected from the group consisting of POM-polymer (polyacetal), paraffin wax, stearic acid, other binder or their combinations, Example 8 of the `608 publication [0043-0045] discloses the binder is polyvinyl alcohol, which is other binder.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1, 3-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over the `608 publication in view of Lekhal et al.
Determination of the scope and content of the prior art (MPEP §2141.01)
The `608 publication (claim 1) discloses a method for forming a porous article comprising the steps of: preparing a mixture of particles and hollow pliable resilient organic polymer spheres in a liquid; said particles made from a material taken from the group consisting of ceramic and metal; said spheres having average diameters between 1 micron and 1000 microns; forming the mixture into a shaped article; drying the shaped article; firing the shaped article, wherein the particles are bonded and the hollow pliable organic polymer spheres are eliminated, resulting in voids having average diameters between 1 micron and 1000 microns in the shaped article; whereby a substantial number of voids form intersections with at least one adjacent void and circular windows are formed at the intersections. Example 8 of the `608 publication [0043-0045] discloses a method for preparing a catalyst with porous structure, wherein the method comprises the steps of mixing 6% polyvinyl alcohol (binder), 20% hollow acrylic spheres (organic space holder material) aqueous solutions and Powdery FeCrALY metal (catalytic material) to form a mixture at 70, 11.5 and 7.5 weight percentage, respectively. The mixture was mixed in an aqueous solution by a Hobart mixer until it was uniform. The materials used to form the spheres were a mixture of 2-propenenitrile (polyacrylonitrile) and 2-methyl 2-propenenitrile (polymethacrylonitrile). The mixture was cast as a thin film onto a carrier substrate. The thickness of the cast layer was metered by adjusting the gap between the doctor blade and the carrier. The thin sheet was dried in the air and fired at a controlled atmosphere at 2400°F. In addition, the `608 publication (Abstract) discloses a mixture of ceramic or metal particles and pliable organic hollow spheres is prepared in a liquid, typically as a suspension. The article is formed by pressing, slip casting, extruding or injection molding the mixture. The article is dried to remove the liquid, and then is fired so that the particles are bonded such as by sintering, and the organic spheres are eliminated, resulting in a strong porous article having uniformly spaced interconnected voids.
Ascertainment of the difference between the prior art and the claims (MPEP §2141.02)
The difference between Applicant’s claim 1 and the `608 publication is that the prior art does not teach performing drying at temperature of 150-250 °C. Instead, the `608 publication (Abstract and Example 8) teaches drying the mixture article, and the article is dried to remove the liquid, and then is fired so that the particles are bonded such as by sintering, and the organic spheres are eliminated, resulting in a strong porous article having uniformly spaced interconnected voids.
Finding of prima facie obviousness--rational and motivation (MPEP §2142-2413)
However, claim 1 would have been obvious over the `608 publication because the difference of drying the article at temperature of 150-250 °C is further taught and/or suggested by Lekhal et al., which teaches catalyst drying is usually carried out at temperatures between 50 °C and 250 °C (see left column at p.4474). For one ordinary skilled in the art, it would have been a routine optimization to find the best temperature for drying the pre-catalyst article at temperature of 150-250 °C in order to remove liquid (e.g., water) from the mixture based on the disclosure by Lekhal et al. Therefore, the `608 publication in view of Lekhal et al. would have rendered claim 1 obvious.
In terms of claim 3, wherein the mixture is arranged to a predetermined shape for forming a desired structure, the `608 publication (Abstract) teaches the article of mixture is formed by pressing, slip casting, extruding or injection molding the mixture.
In terms of claim 4, wherein the mixture is cooled after the mixing, the cooled mixture is crushed or granulated, and after that the granules of the cooled mixture are treated in order to give a desired shape of the structure, the `608 publication (Abstract) teaches the article of mixture is formed by pressing, slip casting, extruding or injection molding the mixture. It would have been obvious that during the process of the article of mixture is formed by pressing, slip casting, the mixture would be inevitably cooled and crushed or granulated. Furthermore, the process of the mixture is cooled and crushed or granulated would have been a routine experimentation in order to give a desired shape of the structure for preparing shaped catalyst.
In terms of claim 5, wherein the catalyst comprises at least metal, ceramic material, composite material and/or their combination, the `608 publication (claim 1) teaches a method for forming a porous article comprising the steps of: preparing a mixture of particles and hollow pliable resilient organic polymer spheres in a liquid; said particles made from a material taken from the group consisting of ceramic and metal.
In terms of claim 6, wherein the organic space holder material consists of beads,
Example 8 of the `608 publication [0043-0045] discloses a method for preparing a catalyst with porous structure, wherein the method comprises the steps of mixing 6% polyvinyl alcohol, 20% hollow acrylic spheres (PM6545, PQ Corporation). Said hollow acrylic spheres (PM6545, PQ Corporation) is beads.
In terms of claim 7, wherein the organic space holder material is formed from thermoplastic material, Example 8 of the `608 publication [0043-0045] discloses the organic space holder material is 20% hollow acrylic spheres (PM6545, PQ Corporation), which is a mixture of 2-propenenitrile (polyacrylonitrile) and 2-methyl 2-propenenitrile (polymethacrylonitrile). The mixture is formed from thermoplastic material of polyacrylonitrile and polymethacrylonitrile.
In terms of claim 8, wherein the organic space holder material comprises PMMA (polymethylmetacrylate), derivates of PMMA, polypropylene, derivates of polypropylene or their combinations, Example 8 of the `608 publication [0043-0045] discloses the organic space holder material is 20% hollow acrylic spheres (PM6545, PQ Corporation), which is a mixture of 2-propenenitrile (polyacrylonitrile) and 2-methyl 2-propenenitrile (polymethacrylonitrile). Polyacrylonitrile and polymethacrylonitrile are interpreted as derivates of polymethylmetacrylate.
In terms of claim 9, wherein the carrier material is selected from metal, ceramic material, alloy or their combinations, the `608 publication (claim 1) teaches a method for forming a porous article comprising the steps of: preparing a mixture of particles and hollow pliable resilient organic polymer spheres in a liquid; said particles made from a material taken from the group consisting of ceramic and metal.
In terms of claim 11, wherein the binder contains at least one component selected from the group consisting of POM-polymer (polyacetal), paraffin wax, stearic acid, other binder or their combinations, Example 8 of the `608 publication [0043-0045] discloses the binder is polyvinyl alcohol, which is other binder.
In terms of claim 12, wherein the mixture is treated by debinding or by a binder removal before the sintering, the `608 publication (claim 1) discloses a method for forming a porous article comprising the steps of drying the shaped article; firing the shaped article, wherein the particles are bonded and the hollow pliable organic polymer spheres are eliminated, resulting in voids having average diameters between 1 micron and 1000 microns in the shaped article. Example 8 of the `608 publication [0043-0045] discloses a method for preparing a catalyst with porous structure, wherein the binder is polyvinyl alcohol. Because the `608 publication (claim 1) discloses a method for forming a porous article comprising the steps of drying the shaped article; firing the shaped article, wherein the particles are bonded and the hollow pliable organic polymer spheres are eliminated, resulting in voids having average diameters between 1 micron and 1000 microns in the shaped article, it would be clear the mixture is treated by debinding or by a binder removal through the steps of drying the shaped article; and optionally firing the shaped article disclosed by the `608 publication.
Conclusions
Claims 1, 3-9, and 11-12 are rejected.
Claims 13-16 are withdrawn.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
/YONG L CHU/Primary Examiner, Art Unit 1731