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 final rejection. Since 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/25/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 21 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim limitation “D10 of 0.5 to 2.2” is already disclosed in claim 1 as such does not further limit claim1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-11, 13-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0162346 to Girard et al. (Girard) in view of US 2018/0008973 Gramiccioni et al (Gramiccioni)
In Reference to Claim 1 and 15
Girard discloses:
A particulate filter 22 for the treatment of exhaust gas from an internal combustion engine, wherein
the particulate filter comprises a functional material layer 52 (catalyst loading), and the amount of the functional material layer in the region which is around the whole central axis 84 (Zone E) of the particulate filter and accounts for 11.1 vol. % of the total volume of the particulate filter [Emphasis added, Girard does not disclose specifically 11.1%] , is in the range from 13 to 40 wt.%, based on the total weight of the functional material layer, see paragraph [0058-0059].
Girard is silent on “accounts for 11.1 vol. % of the total volume of the particulate filter”.
However in paragraph [0062-0063], teaches that Zone E can be roughly 20% and vary “as desired” in addition teaches “it should be understood that in practice the number of locations and/or zones can vary as desired” which means that the Zones can be more or less than 5.
Accordingly, because changing the number of zones achieves the recognized result of a change in of changing the % volume of the zone per total volume, The Volume is determined to be a results effective variable. As such, it would have been obvious to one having ordinary skill in the art at the time of invention to modify the number of zones to achieve a 11.1% volume, because it has been held that discovering an optimum value of a results effective variable involves only routine skill in the art. See MPEP 2144.05.
With regards to “the functional material layer comprises at least one inorganic material, and the inorganic material is in the form of a particulate, the inorganic material has a D90 of 0.1 to 50 micron” Girard discloses the porosity however does not disclose Inorganic material is in particulate form.
Gramiccioni discloses catalyst component which refers to a catalyst material that promotes a reaction, see paragraph 0053, the washcoat containing said catalyst component having a particle size ranging overlapping of D90 of 0.1 to 50 micron and D10 0.5 to 2.2 micron, see paragraph [0083]. Further the catalyst component is “inorganic” as the component when used in filters such as CSF, see paragraph [0092].
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to include particulate form inorganic material in a size of D10 which and D90, combine the teachings of Gramiccioni with Girard, since this would enable the practitioner of the primary reference to practice the advantage of improving the emission and reaction of emission by the filter of Girard.
In Reference to Claim 2 and 16
Girard discloses:
wherein the amount of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 11.1 vol. % of the total volume of the particulate filter, is in the range from 15 to 30 wt.%, based on the total weight of the functional material layer see paragraph [0058-0059].
In Reference to Claim 3
Girard discloses:
wherein the amount of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 25 vol. % of the total volume of the particulate filter, is in the range from 28 to 60 wt.%, , based on the total weight of the functional material layer see paragraph [0058-0059].
In Reference to Claim 4
Girard discloses:
wherein the amount of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 44.4 vol. % of the total volume of the particulate filter, is in the range from 40 to 90 wt.%, based on the total weight of the functional material layer see paragraph [0058-0059].
In Reference to Claim 5
Girard discloses:
wherein the content of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 11.1 vol. % of the total volume of the particulate filter is higher than the content of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 25 vol. % of the total volume of the particulate filter see paragraph [0058-0059].
In Reference to Claim 6
Girard discloses:
wherein the content of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 25vol.% of the total volume of the particulate filter is higher than the content of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 44.4vol. % of the total volume of the particulate filter see paragraph [0058-0059].
In Reference to Claim 7
Girard discloses:
wherein the content of the functional material layer in the region which is around the whole central axis of the particulate filter and accounts for 44.4vol.% of the total volume of the particulate filter is higher than the content of the functional material layer in the remainder region of the particulate filter see paragraph [0058-0059].
In Reference to Claim 8
Girard discloses:
wherein the filter has an inlet side and an outlet side; and the functional material layer is coated onto the inlet side, the outlet side, or both sides of the particulate filter; see paragraph [0048]-[0050].
In Reference to Claim 9
Girard discloses:
the average loading of the functional material layer is in the range from0.5 to 20gIL; see paragraph [0055]-[0056].
In Reference to Claim 10
Girard discloses:
wherein functional material layer comprises at least one inorganic material, , the inorganic material is selected from inorganic oxide and inorganic salt, see paragraph [0035].
In Reference to Claim 11
Girard discloses:
wherein the inorganic material is selected from alumina, zirconia, ceria, silica, titania, magnesium oxide, zincoxide, manganese oxide, calcium oxide, silicate zeolite, alumino silicate zeolite, a rare earth metal oxide other than ceria, a mixed oxide comprising two or more of Al, Zr, Ti, Si, and Ce, cerium zirconium mixed oxide, hydrated alumina, calcium carbonate and zinc carbonate; see paragraph [0035].
In Reference to Claim 13
Girard discloses:
wherein the particulate filter further comprises a catalytic washcoat, wherein the catalytic washcoat comprises one or more of a selective catalytic reduction(SCR) catalyst, a diesel oxidation catalyst (DOC), a three-way conversion(TWO) catalyst, an AMOx catalyst, a NOx trap, aNOx absorber catalyst, a hydrocarbon trap catalyst; see paragraph [0005].
In Reference to Claim 14
Girard discloses:
wherein the catalytic washcoat is applied to the particulate filter prior to application of the functional material layer; see paragraph [0040].
In Reference to Claim 17
Girard discloses:
wherein the cover is placed coaxially onto said side of the filter.
In Reference to Claim 18
Girard discloses:
The particulate filter is a particulate filter according to any of claims 1 to 14.
In Reference to Claim 19
Girard discloses:
Method for the treatment of exhaust gas from an internal combustion engine, which comprises flowing the exhaust gas from the engine through the particulate filter according to claim 1
In Reference to Claim 20
Girard discloses:
wherein the exhaust gas comprises unburned hydrocarbons, carbon monoxide, nitrogen oxides, and particulate matter, see paragraph [0004].
In Reference to Claim 21
Girard discloses:
The inorganic material has a D10 of 0.5 to 2.2micron, see claim 1 rejection above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached on Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark III Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY AYALA DELGADO/
Primary Examiner, Art Unit 3746
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