DETAILED ACTION
This communication responds to the application filed April 14, 2023, and the Response to Restriction Requirement filed January 12, 2026. Claims 1-16 are currently pending.
Non-elected claims 4-16 are WITHDRAWN.
Elected claims 1-3 are REJECTED under 35 USC 112, but otherwise contain allowable subject matter.
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 of Group I, claims 1-3, in the reply filed on January 12, 2026 is acknowledged. Applicant elected Group I with traverse. However, because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse. (See MPEP § 818.01(a).)
Priority
This application is the national stage entry of PCT/CN2021/124050, filed October 15, 2021, which claims priority to CN 2020-11105894.2, CN 2020-11104541.0, and CN 2020-11105648.7, all filed October 15, 1010. Receipt is acknowledged of certified copies of CN 2020-11105894.2 and CN 2020-11105648.7, as required by 37 CFR 1.55. Applicant has not filed a certified copy of CN 2020-11104541.0, as required by 37 CFR 1.55.
Initial Comments
Elected claims 1-3 are rejected under 35 USC 112, but otherwise contain allowable subject matter. When claims 1-3 are in condition for allowance, the examiner will consider rejoining non-elected claims 4-16. The examiner encourages Applicant to amend the non-elected claims to similarly place them in condition for allowance once rejoined.
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.
Claims 1-3 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 1-3, the phrases "preferably," “more preferably,” and “most preferably” render the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. (See MPEP § 2173.05(d).)
Allowable Subject Matter
Claims 1-3 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-3 contain allowable subject matter in view of the closest prior art reference, Umebayashi (US 2019/0233569). Umebayashi teaches a solid catalyst component comprising magnesium, titanium, halide, and an internal electron donor. (Abstract.) The solid catalyst component exhibits the following properties:
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532
402
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(paras. [0012]-[0020].)
However, Umebayashi does not teach or fairly suggest the claimed magnesium-based solid. In particular, The solid catalyst component of Umebayashi includes a magnesium compound containing an alkoxy group and is preferably a dialkoxy magnesium. (paras. [0023], [0088]-[0089].) Umebayashi provides no teaching or suggestion that a magnesium halide may be substituted in place of the magnesium alkoxy compound. Further, after a thorough and complete search, the examiner cannot find prior art teaching or fairly suggesting a magnesium halide-containing solid with the recited pore distribution and volume properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE S BRANCH whose telephone number is (571)270-3539. The examiner can normally be reached Monday through Friday.
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CATHERINE S. BRANCH
Primary Examiner
Art Unit 1763
/CATHERINE S BRANCH/Primary Examiner, Art Unit 1763