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 claims 1-16 in the reply filed on 12/4/2025 is acknowledged.
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 1-16 are 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.
In claim 1, the phrase “characterized in that the coating F is located in the porous walls and/ or on the surfaces OE, but not on the surfaces OA, and comprises a ceramic membrane, which is a coherent layer having a layer thickness of 1 to 150 microns” is indefinite because it is unclear how coating F located in the porous walls may be “a coherent layer” having a thickness if it is located in the porous walls.
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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foerster WO 2020/094760, citations are made to English language equivalent US 2021/0396167.
Regarding claim 1, Foerster teaches a:
“[w]all-flow filter for removing particles from the exhaust gas of internal combustion engines, which comprises a wall-flow filter of length L and at least one catalytically active coating Y and/or Z, wherein the wall-flow filter comprises channels E and A, which extend in parallel between a first and a second end of the wall-flow filter and are separated by porous walls, which form surfaces OE and OA, respectively, and wherein the channels E are closed at the second end and the channels A are closed at the first end, the coating Y is located in the channels E on the walls of the surfaces OE, wherein the coating on the walls of the surface OE extends from the first end of the wall-flow filter to a length of less than the length L, the coating Z is located in the channels A on the walls of the surfaces OA, wherein the coating on the walls of the surface OA extends from the second end of the wall-flow filter to a length of less than the length L” (Claim 1).
The coating Z may include palladium or rhodium (Paragraph [0021]) and a cerium/zirconium oxide mixture (Paragraph [0024]).
The coating Y of Foerster corresponds to the coating F of the instant claims (Fig. 2). The layer Y of Forester may consist of highly porous aluminum oxide, which is a coherent layer of a ceramic membrane without a noble metal (Examples 1-4).
Foerster does not expressly state the thickness of coating Y. However, the concentration of the aluminum oxide on the substrate may be, for example, 10 g/L (Example 4). This concentration is within the range of concentrations of for coating F described in the instant specification, which states that the concentration may be 5 to 130 g/L (Instant Specification, Paragraph [0039]). Thus, the layer formed in Forester would inherently have a thickness within the range of 1 to 150 microns because the layer has the same mass content and is made of materials substantially similar to the claimed invention.
Regarding claim 2, the coating Z may extend 90 to 50 % of the length L (Paragraph [0026]) from the second end (Fig. 2).
Regarding claim 3, the coating Z may extend up to 100% of the length L (Paragraph [0019]).
Regarding claim 4, coating Z may include a combination of palladium and rhodium (Paragraph [0021]).
Regarding claim 5, coating Z may include a combination of palladium or rhodium without platinum (Paragraph [0021]).
Regarding claims 6-9, Foerster teaches:
“the coatings X and Y along with Z (if present) comprise lanthanum-stabilized aluminum oxide, rhodium, palladium or palladium and rhodium, and an oxygen storage component comprising zirconium oxide, cerium oxide, yttrium oxide and lanthanum oxide. In other embodiments of the present invention, the coatings X and Y along with Z (if present) comprise lanthanum-stabilized aluminum oxide, rhodium, palladium or palladium and rhodium, and an oxygen storage component comprising zirconium oxide, cerium oxide, praseodymium oxide and lanthanum oxide.” (Paragraph [0026]).
Regarding claim 10 and 11, layer Y, which corresponds to layer F in the instant invention may be made of aluminum oxide (Examples).
Regarding claim 12, Foerster teaches in Example 3 that the concentration of Z is 100 g/L and the concentration of Y, which relates to instantly claimed F is 10 g/L, which equates to a ratio of 10 (Example 3).
Regarding claim 13, Foerster does not expressly state the ratio of substrate thickness to layer thickness of Y. However, the concentration of the aluminum oxide on the substrate may be, for example, 10 g/L (Example 4). This concentration is within the range of concentrations of for coating F described in the instant specification, which states that the concentration may be 5 to 130 g/L (Instant Specification, Paragraph [0039]). Thus, the layer formed in Forester would inherently have a ratio of substrate thickness to layer thickness of Y within the range recited in instant claim 13. Also, the proportions shown in the Figure 2 of Foerster are within the claimed ratio (Fig. 2).
Regarding claim 14, Foerster teaches that the filter may also have a coating X, which would correspond to the claimed coating Y (Figure 6). Coating X is placed on channel OE (Figure 6) and may be different from layer Z and Y. Coating X may include platinum (Paragraph [0021]) and may include a carrier other than cerium/zirconium mixed oxide (Paragraph [0023]).
Regarding claim 15, coating X, which corresponds to instantly claimed coating Y, may extend between 50% and 100% of length L (Figure 6).
Regarding claim 16, Foerster teaches the coating Z and Y, which corresponds to the instantly claimed coating F, may extend up to 100% of the length L (Paragraph [0019]). Coating Z may include lanthanum-stabilized aluminum oxide, rhodium, palladium or palladium and rhodium, and an oxygen storage component comprising zirconium oxide, cerium oxide, yttrium oxide and lanthanum oxide (Paragraph [0026]).
Foerster does not expressly state the thickness of coating Y. However, the concentration of the aluminum oxide on the substrate may be, for example, 10 g/L (Example 4). This concentration is within the range of concentrations of for coating F described in the instant specification, which states that the concentration may be 5 to 130 g/L (Instant Specification, Paragraph [0039]). Thus, the layer formed in Forester would inherently have a thickness within the range of 1 to 150 microns because the layer has the same mass content and is made of materials substantially similar to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A FIORITO/Primary Examiner, Art Unit 1731