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 .
DETAILED ACTION
Response to Amendment
1. The amendment filed on 05/21/2026 has been made of record and entered.
Claim 1 has been amended.
Claims 1-17 are currently pending in this application.
Status of Withdrawn Claim(s)
2. Claims 8-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/23/2026.
Claim Rejections - 35 USC § 103
3. 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.
Claim(s) 1 & 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 102114426 A, hereinafter “CN ‘426”.
CN ‘426 discloses a hydrogenation catalyst, the catalyst comprises: 20-60 parts by mass of nickel, 5-60 parts by mass of copper, 45-110 parts by mass of aluminum oxide and/or 45-110 parts by mass of silicon dioxide (silica), 2-10 parts by mass of cerium oxide and 2-10 parts of lanthanum oxide (see Abstract).
Regarding claim 1, the reference teaches a hydrogenation catalyst, comprises Ni, Cu, Ce, and silica as claimed.
With respect to the Ni amount in claim 1, the reference teaches Ni at an amount of 20-60 parts by mass (Abstract). The amount of Ni is calculated to be 9.5 wt.% - 52.6 wt.% (20/(60+110+10+20)*100% = 9.5% and 60/(5+45+2+2+60)*100% = 52.6%), which overlaps with the instant claimed range (40 to 80 parts by weight).
With respect to the Cu amount in claim 1, the reference teaches Cu at an amount of 5-60 parts by mass (Abstract). The amount of Cu is calculated to be 2.56 wt.% - 46.5 wt.% (5/(60+110+10+10+5)*100% = 2.56 wt.% and (60/(20+45+2+2+60)*100% = 46.5 wt.%), which overlaps with the instant claimed range (0.01 to 5 parts by weight).
With respect to the Ce amount in claim 1, Ce is taught to be in an amount of 2-10 parts by mass (Abstract). The amount of Ce is calculated to be 0.83 wt.% - 12.2 wt.% (2/(60+60+110+10+2)*100% = 0.83 wt.% and 10/(20+5+45+2+10)*100% = 12.2 wt.%), which overlaps with the instant claimed range (0.05 to 5 parts by weight).
Regarding the SiO2 amount in claim 1, the amount of silica taught by the reference is 45-110 parts (Abstract). The amount of SiO2 is calculated to be 15.3 wt.% - 79 wt.% (45/(60+60+110+10+10+45)*100% = 15.3 wt.% and 110/(20+5+2+2+110)+100% = 79 wt.%), which overlaps with the instant claimed range (10 to 30 parts by weight).
Regarding claim 2, the instant claim limitation is met by the reference because nickel, copper, and cerium disclosed and claimed are the same.
Claims 1 & 2 are unpatentable as being obvious over CN ‘426.
Response to Applicants’ Arguments
4. Applicants’ remarks submitted with the amendment on 05/21/2026 have been fully reviewed, the arguments are not deemed persuasive because of the following reasons.
Applicants argued, the applied reference, CN ‘426, is a non-analogous art because it relates entirely to inorganic silicon chemistry (Applicants’ response, page 7). Applicants further argued that the CN ‘426 is explicitly designed as a “special catalyst for low-temperature hydrogenation of silicon tetrachloride (SiCl4) to produce trichlorosilane (SiHCl3) for polysilicon manufacturing (Applicants’ response, page 7).
Applicants’ urging on the use of the instant hydrogenation catalyst, which is “for hydrogenation of a petroleum resin”, has been noted. However, the use of the instant hydrogenation catalyst does not make the instant hydrogenation catalyst different in structure and composition in fact since applicants have not yet shown that the instant hydrogenation catalyst is different from the hydrogenation catalyst of the reference as applied. See In re Thuau, CCPA 1943, 57 USPQ 324.
Even though CN ‘426 is not related to the same field of art, the hydrogen catalyst disclosed appears to have the same structure and composition as that recited in the instant claims and it can also be used for hydrogenation of a petroleum resin as well.
Allowable Subject Matter
5. Claims 3-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
CN 102114426 A is found to be the closest prior art, which teaches the claimed hydrogenation catalyst as recited in the instant claim 1, however this reference does not teach the claimed features or characteristics of the catalyst as further defined in these claims.
There is no motivation to combine the teachings of the prior art references together to arrive to the claimed invention.
6. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
7. Claims 1-17 are pending. Claims 1 & 2 are rejected. Claims 3-7 are objected. Claims 8-17 are withdrawn. No claims are allowed.
Contacts
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner CAM N. NGUYEN whose telephone number is (571)272-1357. The examiner can normally be reached on M-F (8:30 am – 5:00 pm) at alternative worksite or at cam.nguyen@uspto.gov.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer, can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Cam N. Nguyen/Primary Examiner, Art Unit 1736
/CNN/
August 05, 2026
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