DETAILED ACTION
Claims 1-6, 8-9, 11, 13-16, 19-21, and 25-31 are pending, of which claims 8-9, 11, 13-16, 19-21, and 25-27 have been withdrawn.
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 .
Response to Arguments
Claim 1 has been amended to recite that the CHA like material is an aluminosilicate material. Applicant argues that the prior art cited in the previous office action relates to silicoaluminophosphates rather than the now claimed aluminosilicates. Examiner agrees, and as such, the rejections have been withdrawn.
Applicant also argues that the amendments to claims 4 and 6 overcome the rejections under 112(b). Examiner disagrees. As described below, claim 6, as well as new claim 30, recite a broad range followed by a narrow range. As such, these claims are still indefinite.
Examiner notes that claims 8-9, 11, 13-16, 19-21, and 25-27 are withdrawn from examination. Should Applicant wish for these claims to be rejoined upon allowance, the claims should be amended to be placed in condition for allowance. For example, at least claim 20 as pending would not be allowable under 112(b).
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 6 and 30 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 6 recites the broad recitations of an MSA of no more than 60 m2/g and a ZSA of at least 400 m2/g, and the claim also recites an MSA of no more than 50 m2/g or no more than 45 m2/g and a ZSA of at least 450 m2/g, which are narrower statements of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Likewise, claim 30 recites the broad recitations of an MSA of 10-60 m2/g and a ZSA of 400-650 m2/g, as well as the narrower range for the MSA of 10-50 m2/g or 10-45 m2/g, and the narrower ZSA range of 450-650 m2/g.
Allowable Subject Matter
Claims 1-5,28-29 and 31 are allowed. Claims 6 and 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
As argued by Applicant, claim 1 requires a CHA-like aluminosilicate material having the XRD values as recited in claim 1. Independent Claim 31 includes the same limitations. The prior art of record does not teach the specific XRD values obtained from an aluminosilicate material.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S SHERMAN whose telephone number is (703)756-4784. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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/E.S.S./Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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