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 .
Information Disclosure Statement
The information disclosure statement filed 09/08/2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the wrong issue dates are used for the first two U.S. patents 4086187 and 4206085. Additionally, U.S. patent publication 20140245223 A1 cannot be found. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP
§ 609.05(a).
Specification
The disclosure is objected to because of the following informalities: paragraph 0056 references paragraphs 0028-0030 which may be the incorrect reference as it has no relevance.
Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: the word “there” after “wherein” appears to be a typo. 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 1-19 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.
Claims 1 and 2 recite the limitation "aqueous precursor solution". There is insufficient antecedent basis for this limitation in the claim. The examiner recommends changing this to “aqueous precursor mixture”. Additionally, in claims 4-8 change “aqueous precursor” to “aqueous precursor mixture”.
Regarding claim 2, it is not clear whether the recitation of the steps is limiting claim 1 or is a new mixture. The application is interpreted as limiting claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-6, 10-12, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (“Synthesis method for introducing mesoporosity in a faujasitic-like zeolite system from a sodium aluminosilicate gel composition”).
Regarding claim 1, Wang discloses a process of preparing a zeolite material with an aqueous precursor (2.1 Chemicals). The process removes at least 5 wt% of the total water from the aqueous precursor (2.2 Zeolite synthesis procedure). The process concludes with crystallizing the solution (3.1. Synthesis strategy).
Regarding claim 2, Wang discloses a process of preparing an aqueous precursor mixture containing water, a silicon source, and an aluminum source (2.1 Chemicals). The process removes at least 5 wt% of the total water from the aqueous precursor (2.2 Zeolite synthesis procedure). The process concludes with crystallizing the solution (3.1 Synthesis strategy).
Regarding claim 3, Wang discloses aging of the concentrated solution before crystallization (3.2.2.1 CG20).
Regarding claim 4, Wang discloses at least 10 wt% of the total water removed from the aqueous precursor (3.1. Synthesis strategy).
Regarding claim 5, Wang discloses at least 25 wt% of the total water removed from the aqueous precursor (3.1. Synthesis strategy).
Regarding claim 6, Wang discloses at least 50 wt% of the total water removed from the aqueous precursor (3.1. Synthesis strategy).
Regarding claim 10, Wang discloses a crystallization step at 100 °C for 2 hours (3.1. Synthesis strategy).
Regarding claim 11, Wang discloses the water is removed by thermal treatment (2.2. Zeolite synthesis procedure).
Regarding claim 12, Wang discloses a zeolite yield of 35% when 40% of the water is removed (2.3. Yield calculation). A 35% zeolite yield is interpreted as a solid content of 35 wt% solids. Since Wang also discloses removal of 60% water, it is inherent that there will be greater than 35 wt% solids in that sample.
Regarding claim 19, Wang discloses the crystallization step is treated at one or more temperatures (3.1. Synthesis strategy).
Claims 1, 2, 4-6, 10, 11 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Severance (“Rapid Crystallization of Faujastic Zeolites: Mechanism and Application to Zeolite Membrane Growth on Polymer Supports”).
Regarding claim 1, Severance discloses a process for preparing a zeolite material with an aqueous precursor mixture (2.2 Synthesis Protocols). The process removes at least 5 wt% of the total water from the aqueous precursor (2.2 Synthesis Protocols). The process concludes with crystallizing the solution (2.2 Synthesis Protocols) (3.1 Zeolite Formation from Different Synthesis Protocols).
Regarding claim 2, Severance discloses a process of preparing an aqueous precursor mixture containing water, a silicon source, and an aluminum source (2.2 Synthesis Protocols). The process removes at least 5 wt% of the total water from the aqueous precursor (2.2 Synthesis Protocols). The process concludes with crystallizing the solution (2.2 Synthesis Protocols) (3.1 Zeolite Formation from Different Synthesis Protocols).
Regarding claim 4, Severance discloses at least 10 wt% of the total water removed from the aqueous precursor (2.2 Synthesis Protocols).
Regarding claim 5, Severance discloses at least 25 wt% of the total water removed from the aqueous precursor (2.2 Synthesis Protocols).
Regarding claim 6, Severance discloses at least 50 wt% of the total water removed from the aqueous precursor (2.2 Synthesis Protocols).
Regarding claim 10, Severance discloses a hydrothermal synthesis process at 100 °C for 2 hours resulting in crystallization (3.1 Zeolite Formation from Different Synthesis Protocols).
Regarding claim 11, Severance discloses water removal through thermal treatment (2.2 Synthesis Protocols).
Regarding claim 19, Severance discloses the crystallization step is thermally treated at one or more temperatures (3.1. Zeolite Formation from Different Synthesis Protocols).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang.
The teachings of Wang are applied as above for claims 1-6, 10-12, and 19.
Regarding claims 7 and 8, Wang does not disclose a concentrated gel sample where at least 75 and 90 wt% of the total water is removed from the aqueous precursor.
Wang discloses that the amount of water removed impacts the external surface area of the zeolite produced (3.2.1. Direct heating of gels, Table 1) which in turn impacts the catalytic activity (5. Conclusion) (3.4 Catalysis studies), suggesting that the amount of water removed is a result effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to choose the instantly claimed ranges through process optimization, since it has been held that the general conditions of the claims are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Severance as applied to claims 1, 2, 4-6, 10, 11 and 19 above, and further in view of Wang.
Regarding claim 9, Severance discloses a further step of rehydrating the product obtained from water removal (2.2 Synthesis Protocols). Severance does not disclose a solution greater than about 15 wt% solids.
Wang discloses that the amount of water removed impacts the external surface area of the zeolite produced (3.2.1. Direct heating of gels, Table 1) which in turn impacts the catalytic activity (5. Conclusion) (3.4 Catalysis studies), suggesting that the amount of water removed or resulting wt% solids is a result effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to choose the instantly claimed ranges through process optimization, since it has been held that the general conditions of the claims are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215.
Regarding claim 18, Severance does not disclose aging of the rehydrated solution prior to crystallization.
Wang, in the same field of endeavor, discloses aging of the solution prior to crystallization (3.2.2.1 CG20).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine aging and rehydration prior to crystallization as they both facilitate crystal growth (3.2.2.1 CG20, Wang) (3.1 Zeolite Formation from Different Synthesis Protocols, Severance).
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1-6, 10-12, and 19 above, and further in view of Parvulescu (WO2015067654).
Regarding claims 13-15, Wang does not disclose a spray drying process that results in at least 40, 75, or 80 wt% solids.
Parvulescu, in the same field of endeavor, discloses spray drying of an aqueous suspension with zeolitic material (Page 9, line 15-25).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to substitute thermal treatment in Wang with spray drying because Parvulescu discloses spray drying as an equivalent method for heat treatment (Page 10, line 12-15).
Regarding the wt% solids, Wang discloses that the amount of water removed impacts the external surface area of the zeolite produced (3.2.1. Direct heating of gels, Table 1) which in turn impacts the catalytic activity (5. Conclusion) (3.4 Catalysis studies), suggesting that the amount of water removed or resulting wt% solids is a result effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to choose the instantly claimed ranges through process optimization, since it has been held that the general conditions of the claims are
disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215.
Regarding claims 16 and 17, Wang does not disclose a filtration process that results in at least 25 or 35 wt% solids.
Parvulescu, in the same field of endeavor, discloses separating zeolitic material from a suspension by filtration (Page 8 line 33—35). Parvulescu also discloses a further heat-treatment step for the filter cake obtained from filtration (Page 8, line 40-41).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to substitute thermal treatment in Wang with filtration because Parvulescu discloses filtration as an equivalent to spray drying for isolation (Page 8, line 5-9) and spray drying is an equivalent method for heat treatment.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to add further thermal treatment to dry the product the because the product is wet from washing (Page 8, line 33-35).
Regarding the wt% solids, Wang discloses that the amount of water removed impacts the external surface area of the zeolite produced (3.2.1. Direct heating of gels, Table 1) which in turn impacts the catalytic activity (5. Conclusion) (3.4 Catalysis studies), suggesting that the amount of water removed or resulting wt% solids is a result effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to choose the instantly claimed ranges through process optimization, since it has been held that the general conditions of the claims are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A CALDERON whose telephone number is (571)272-9866. The examiner can normally be reached Monday-Friday 8-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached at 5712721176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID ANDREW CALDERON/ Examiner, Art Unit 1742
/CHRISTINA A JOHNSON/ Supervisory Patent Examiner, Art Unit 1742