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 Group I, claim 1 in the reply filed on 04/22/2026 is acknowledged.
Claims 22, 23, 25-30, 32-39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/22/2026.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabahi et al. (EP3737500B1).
Regarding claim 1, Sabahi et al. teaches a process for manufacturing an FCC catalyst (paragraph 9). Sabahi et al. teaches comprising about 2 to about 50 wt % of one or more ultra stabilized high SiO2/Al2O3 ratio Y zeolite, 0 to 30 wt % of small-medium pore size zeolites which overlaps with about 2 to about 80 wt% one or more mesoporous zeolites (paragraph 27). Sabahi et al. teaches % pore volume between pore diameter 2.0 to 6 nm is 44%, 27%, 28%, 39%, 28%, 25% and between pore diameter 6 to 40 nm 49%, 67%, 65%, 53%, 67%, 68% (page 7, lines 5-20). It is clear that the pore volume taught Sabahi et al. would necessarily produce mesoporous surface area of at least 25 percent (page 7, lines 15-20). Sabahi et al. teaches about 5 to about 45 wt % quasicrystalline boehmite which is encompassed by about 15 to about 50 wt% quasicrystalline boehmite (paragraph 27). Sabahi et al. teaches about 0 to about 35 wt % microcrystalline boehmite, about 0 to about 20 wt % silica which meets the limitation of about 0 to about 50 wt% microcrystalline boehmite d. greater than about 0 to about 25 wt% silica (paragraph 27).
Conclusion
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/GUINEVER S GREGORIO/Primary Examiner, Art Unit 1732 05/21/2026
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