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 7 is objected to because of the following informalities:
Claim 7, line 4, "cesium (Ce)" should read "cesium (Cs)" or "cerium (Ce)". It is interpreted to be cerium (Ce).
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 1-15 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.
Claim 1, line 1, recites “a metal catalyst” and line 3 recites “a supported catalyst”. It is unclear if the metal catalyst is the same as the supported catalyst. It is interpreted the metal catalyst is the same as the supported catalyst.
Claim 1, line 3, recites “injecting a first precursor in a supported catalyst”. It is unclear if the first precursor is injected into the supported catalyst or if the first precursor is injected into a reactor containing the supported catalyst. It is interpreted the first precursor is injected into a reactor containing the supported catalyst, because the specification states “the first precursor adsorbed on the catalyst surface” (pg. 11, lines 17-19).
Claim 1, line 3, recites “to deposit on the catalyst surface”. It is unclear what is deposited on the catalyst surface. It is interpreted to be depositing the first precursor on the catalyst surface.
Claim 1, line 5, recites “injecting an oxidant to react…”. It is unclear where the oxidant is injected. It is interpreted the oxidant is injected into a reactor which contains the supported catalyst.
Claim 1, line 7, recites “injecting a second precursor to deposit…”. It is unclear where the second precursor is injected. It is interpreted the oxidant is injected into a reactor which contains the supported catalyst.
Claim 1, line 9, recites “injecting an oxidant to react…”. It is unclear where the oxidant is injected. It is interpreted the oxidant is injected into a reactor which contains the supported catalyst.
Claim 4, line 2, recites “the catalyst of step (a) is one selected from…”. It is unclear if claim 4 is referring to the supported catalyst, or an active component of the supported catalyst. It is interpreted to be referring to an active component of the supported catalyst.
Claims 2-3, and 5-15 are indefinite as they depend from an indefinite base and fail to cure the deficiencies of the base claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-6, 8-10, 12, and 14-15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lu (US 2019/0105638).
Regarding Claim 1, Lu discloses a method for preparing a catalyst, wherein the catalyst comprises a carrier, an active component, and a promotor [0009], by depositing a promoter onto the surface of a supported catalyst precursor using atomic layer deposition (ALD) [0012]. Lu further discloses the active component of the catalyst is one or more selected from Pt, Ir, Ru, Rh, and Pd [0009], such that Lu meets the limitation of a metal catalyst. Lu further discloses the promoter deposition comprises the steps of: (a) placing the supported catalyst precursor in a reactor and introducing (introducing meets the limitation of injecting) the vapor of an iron precursor, a cobalt precursor, and/or a nickel precursor as a promoter precursor (promoter precursor meets the limitation of a first/second precursor) to adsorb onto the surface of the supported catalyst precursor (adsorbing onto the surface of the supported catalyst precursor meets the limitation of depositing on the catalyst surface); (b) introducing an oxidizing or reducing agent so as to convert (convert meets the limitation of react) the promoter precursor adsorbed on the surface of the supported catalyst precursor to the promoter [0013]-[0015]. Lu further discloses purging the reactor with an inert gas between step (a) and step (b) and after step (b) [0021]. Lu discloses the promoter is one or more selected from iron oxide, cobalt oxide, and nickel oxide [0009], such that the promoter of Lu meets the limitation of a inorganic film. Lu further discloses repeating steps (a) and (b) one or more times (depositing by one cycle or a plurality of cycles) sequentially to regulate the mass content of the oxide promoter in the wide-temperature catalyst [0057], and during the deposition of the oxide promoter, two or three oxide promoters may be also deposited in separate deposition cycles (two or three oxide promotors deposited on the catalyst meets the limitation of a layer film; [0064]), such that Lu meets the limitation of (c) injecting a second precursor to deposit the second precursor on the inorganic film, and then, purging; and (d) injecting an oxidant to form a layer film, and then, purging.
Regarding Claim 4, Lu further discloses the active component of the catalyst is one or more selected from Pt, Ir, Ru, Rh, and Pd [0009], such that Lu meets the limitation wherein the catalyst of the step (a) is one selected from Pt, Pd, Rh, and Ru.
Regarding Claim 5, Lu further discloses the carrier is one or more selected from SiO2, Al2O3, TiO2, MgO, CeO2, ZrO2, activated carbon, carbon black, graphene, and carbon nanotubes [0009], such that Lu meets the limitation wherein the supporting of the step (a) uses at least one selected from alumina, silica, zirconia and carbon as a carrier.
Regarding Claim 6, Lu discloses the promoter is one or more selected from iron oxide, cobalt oxide, and nickel oxide [0009], and during the deposition of the oxide promoter, two or three oxide promoters may be also deposited in separate deposition cycles [0064], such that Lu meets the limitation wherein first and second precursor are different from each other.
Regarding Claim 8, Lu discloses using N2 (N2 meets the limitation of inert gas) as a carrier gas for ALD [0081], such that the injection of the promotors of Lu are progressed by injecting inert gas as carrier gas.
Regarding Claim 9, Lu discloses the oxidizing agent is one or more selected from O2, O3, H2O, H2O2, NO, and NO2 [0020], such that Lu meets the limitation wherein each oxidant of the step (b) and step (d) is at least one selected from ultrapure purified water, ozone, nitrous oxide and oxygen.
Regarding Claim 10, Lu discloses purging the reactor with an inert gas [0021], such that Lu meets the limitation wherein the purging of the steps (a) to (d) is progressed by injecting inert gas.
Regarding Claim 12, Lu discloses a catalyst comprises a carrier, an active component, and a promotor [0009], wherein a promoter is deposited onto the surface of a supported catalyst precursor using atomic layer deposition (ALD) [0012]. Lu further discloses the active component of the catalyst is one or more selected from Pt, Ir, Ru, Rh, and Pd [0009], such that Lu meets the limitation of a metal catalyst. Lu further discloses the promoter deposition comprises the steps of: (a) placing the supported catalyst precursor in a reactor and introducing (introducing meets the limitation of injecting) the vapor of an iron precursor, a cobalt precursor, and/or a nickel precursor as a promoter precursor (promoter precursor meets the limitation of a first/second precursor) to adsorb onto the surface of the supported catalyst precursor (adsorbing onto the surface of the supported catalyst precursor meets the limitation of depositing on the catalyst surface); (b) introducing an oxidizing or reducing agent so as to convert (convert meets the limitation of react) the promoter precursor adsorbed on the surface of the supported catalyst precursor to the promoter [0013]-[0015]. Lu further discloses purging the reactor with an inert gas between step (a) and step (b) and after step (b) [0021]. Lu discloses the promoter is one or more selected from iron oxide, cobalt oxide, and nickel oxide [0009], such that the promoter of Lu meets the limitation of a inorganic film. Lu further discloses repeating steps (a) and (b) one or more times (depositing by one cycle or a plurality of cycles) sequentially to regulate the mass content of the oxide promoter in the wide-temperature catalyst [0057], and during the deposition of the oxide promoter, two or three oxide promoters may be also deposited in separate deposition cycles (two or three oxide promotors deposited on the catalyst meets the limitation of a layer film; [0064]), such that Lu meets the limitation of (c) injecting a second precursor to deposit the second precursor on the inorganic film, and then, purging; and (d) injecting an oxidant to form a layer film, and then, purging. Lu discloses a promoter is deposited onto the surface of a supported catalyst precursor using atomic layer deposition (ALD) [0012], and two or three oxide promoters may be also deposited in separate deposition cycles [0064], such that Lu meets the limitation of a metal catalyst deposited with a layer film by ALD process, prepared according to claim 1.
Regarding Claim 14, Lu teaches a metal catalyst particle [0053].
Regarding Claim 15, Lu discloses a catalyst for oxidizing CO (carbon monoxide) [0009].
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.
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2019/0105638).
Regarding Claim 2, Lu teaches the elements as described above with regards to claim 1.
Lu further discloses steps (a) and (b) are sequentially repeated 1 to 10 times [0022]. Claim 2 does not require the first and second precursor be different from each other, such that repeating steps (a) and (b) 1 to 10 times taught by Lu overlaps the claimed ranges wherein the steps (a) to (b) are repeated 3 to 10 cycles, and then, the steps (c) to (d) are repeated 1 to 3 cycles, such that the range taught by Lu obviates the claimed range. See MPEP 2144.05 (I).
An alternative rejection of claim 2 is provided in case the first precursor and the second precursor must be different from each other.
Alternatively, regarding Claim 2, Lu is silent to repeating the steps (a) to (b) for 3 to 10 cycles, and then, the steps (c) to (d) are repeated 1 to 3 cycles.
Lu, however, discloses repeating steps (a) and (b) one or more times (depositing by one cycle or a plurality of cycles) sequentially to regulate the mass content of the oxide promoter in the wide-temperature catalyst [0057], preferably, steps (a) and (b) are sequentially repeated 1 to 10 times [0022], and during the deposition of the oxide promoter, two or three oxide promoters may be also deposited in separate deposition cycles [0064].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to repeat the steps (a) to (b) for 3 to 10 cycles, and then, the steps (c) to (d) are repeated 1 to 3 cycles in order to produce a catalyst with a desired mass content of each promoter, as recognized by Lu [0057].
Regarding Claim 3, Lu discloses steps (a) and (b) are sequentially repeated 1 to 10 times [0022]. Claim 3 does not require the first and second precursor be different from each other, such that repeating steps (a) and (b) 1 to 10 times taught by Lu overlaps the claimed ranges wherein the steps (a) to (d) are repeated at least two times (dyad), such that the range taught by Lu obviates the claimed range. See MPEP 2144.05 (I).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2019/0105638) in view of Vardon (US 2019/0345090).
An alternative rejection of claim 3 is provided in case the first precursor and the second precursor must be different from each other.
Alternatively, regarding Claim 3, Lu teaches the elements as described above with regards to claim 1.
Lu discloses repeating steps (a) and (b) one or more times (depositing by one cycle or a plurality of cycles) sequentially to regulate the mass content of the oxide promoter in the wide-temperature catalyst [0057].
Lu is silent to repeating steps (a) to (d) at least two times.
However, repeating steps (a) to (d) at least two times would result in a catalyst with at least four coating layers.
Vardon discloses a composition that includes a solid support, a metal positioned on the solid support, and an oxide coating positioned to at least partially cover the metal [0004]. Vardon discloses the use of ALD for applying one or more coatings onto solid catalyst materials [0032]. Vardon further discloses the oxide coating may include between two oxide coatings and five oxide coatings [0005].
Regarding the number of coating layers in claim 3, it appears that two to five taught by Vardon overlaps the claimed range of at least four such that the range taught by Vardon obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate the teachings of Vardon to repeat steps (a) to (d) at least two times in order to produce a catalyst with a desired mass content of each promoter, as recognized by Lu [0057].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2019/0105638) in view of Biener (US 2013/0337995).
Regarding Claim 7, Lu teaches the elements as described above with regards to claim 1.
Lu discloses the promoter is one or more selected from iron oxide, cobalt oxide, and nickel oxide [0009].
Lu is silent to the first precursor of the step (a) and the second precursor of the step (c) is at least one selected from titanium (Ti), aluminum (Al), zinc (Zn), zirconium (Zr) and cerium (Ce).
Biener discloses a system comprising a nanoporous gold structure; and a plurality of oxide particles deposited on the nanoporous gold structure (claim 1), wherein the metal oxides are selected from a titanium oxide, a cerium oxide, a praseodymium oxide and an iron oxide (claim 7), and the oxide particles are deposited by atomic layer deposition (claim 9), and the system exhibits carbon monoxide oxidation activity (claim 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate the teachings of Biener wherein each of the first precursor of the step (a) and the second precursor of the step (c) is at least one selected from titanium (Ti), aluminum (Al), zinc (Zn), zirconium (Zr) and cesium (Ce), as Biener teaches oxide coatings of both the present invention (i.e. titanium and cerium) and Lu (i.e. iron), which are catalyst coating materials well-known in the art of catalysts for carbon monoxide oxidation, deposited with a layer film by ALD process, as recognized by Biener.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2019/0105638) in view of Pellin (US 2010/0075827).
Regarding Claim 11, Lu teaches the elements as described above with regards to claim 1.
Lu is silent to a pressure of the purging steps.
Pellin discloses a process for formation of a nanoporous membrane on a substrate using ALD [0016], wherein the process comprises depositing alternating monolayers of different precursor moieties upon a substrate; allowing the monolayers to react with each other to form a first film upon the substrate; depositing a second group of alternating monolayers of the different precursor moieties upon the first film; and allowing the monolayers from the second group to react and form a second film upon the first film [0022]. Pellin further discloses nanoporous materials can be made by using a reactor which provides a continuous and viscous flow of inert carrier gas to transport precursor reactant moieties to the sample substrates, and to purge or sweep the unused precursor reactant moieties out of the reaction zone [0041]. Pellin further discloses a nitrogen purge flow at a pressure of 1 Torr [0063], which meets the limitation of purging under pressure of 0.001 to 1 torr.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate the teachings of Pellin wherein the purging of the steps (a) to (d) is progressed under pressure of 0.001 to 1 torr in order to purge or sweep the unused precursor reactant moieties out of the reaction zone, as recognized by Pellin [0041], as purging at a pressure of 1 Torr is a process parameter well-known in the art of purging precursor materials with a noble gas in the process of producing a catalyst with a layer film by ALD process, as recognized by Pellin.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2019/0105638) in view of Oh (US 2020/0298221).
Regarding Claim 13, Lu teaches the elements as described above with regards to claim 12.
Lu discloses repeating steps (a) and (b) one or more times (depositing by one cycle or a plurality of cycles) sequentially to regulate the mass content of the oxide promoter in the wide-temperature catalyst [0057].
Lu is silent to a thickness of the layer film.
Oh discloses a method for preparing a metal catalyst with a conductive oxide protective layer by ALD [0014], comprising steps of: supplying a conductive oxide precursor to the fluidized bed reactor [0016], containing the metal catalyst supported on carbon [0014], purging; supplying a reactive gas to the fluidized bed reactor to convert the conductive oxide precursor to conductive oxide; and purging [0016]. Oh further discloses the use of two precursors which may react on a surface of the carbon support one at a time in a sequential manner [0015]. Oh discloses the conductive oxide protective layer may suitably have a thickness of about 0.05 nm to 10 nm [0031]. Oh further discloses cycles may be preferably performed repeatedly about one to twenty times, and as the number of cycles increases, the thickness of the formed conductive oxide protective layer may increase [0070].
Regarding the layer film thickness in claim 13, it appears that 0.05 nm to 10 nm taught by Oh overlaps the claimed range of 0.1 nm to 2nm such that the range taught by Oh obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate the teachings of Oh wherein the layer film has a thickness of 0.1 nm to 2 nm, in order to achieve a desired layer film thickness of the catalyst, as repeating cycles of depositing and oxide layer allows for control of layer film thickness, as recognized by Oh [0070], and both Lu [0057] and Oh [0070] teach repeated cycles.
Conclusion
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735