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 with traverse of Group I in the reply filed on 5/27/2026 is acknowledged. The traversal is on the ground(s) that there is a special technical feature has not been established. This is not found persuasive because search burden is not a criterion for lack of unity invention for national stage applications per PCT rule 13.1 and 13.2. Additionally, per PCT Rule 13.1, the international application shall relate to a group of inventions linked as to form a single general inventive concept or a "unity of invention" (see MPEP 1850). Per PCT Rule 13.2, "unity of invention" is fulfilled by defining a special technical feature that is shared amidst the claimed inventions. The Rule further specifies that "[t]he expression "special technical features" shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art." Lack of unity of invention may be directly evident "a priori," or before considering any prior art when no special technical feature is common to each of the independent claims. Alternatively, lack of unity of invention may only become evident "a posteriori," or after considering the claims in relation to the prior art. By a posteriori analysis, the claimed invention still lacks unity as demonstrated by the teachings of Zhu et al. (CN 111068760A) and Framework CHA from the Database of Zeolite Structures and discussed in the instant Office action below.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 11 is 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.
Claim 11 recites the limitation “A zeolite catalyst H-SSZ-13…having a pore diameter from 0.5 microns to 0.6 microns” in lines 1-2 of the claim. This limitation renders the scope of the claim indefinite because it is not clear whether the pore volume recited refers to the finished catalyst or the zeolite itself. It is noted that in the specification, the applicant has stated “a small pore zeolite” (page 2, line 15), that “a binder may be used in continuous mode of operation to bind the catalyst powder, the binder can be alumina, or silica or a mixture thereof" (page 6 lines 11 and 14), and also that the zeolite catalyst H-SSZ-13, "having a pore diameter of 0.5 µm to 0.6 µm". A pore diameter of 0.5 µm to 0.6 µm does not classify as a small pore zeolite. Additionally, the SSZ-13 zeolite is classified as a CHA framework, in which the maximum diameter of a sphere that can be included is 7.37 Å (Database of Zeolite Structures). For the purposes of search and applying prior art, the claim has been interpreted as a small pore zeolite, with a pore diameter of 0.5 to 0.6 nm.
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 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (CN 111068760A) (references are made to the English language translation) with Framework CHA from the Database of Zeolite Structures cited to demonstrate an inherent state of fact.
Zhu et al. teaches a H-SSZ-13 zeolite (paragraph [0037]) and a silicate zeolite with a cubic crystal morphology, a silica-alumina ratio of 10-100, and micropore volume of 0.25-0.35 cm3/g and a specific surface area of 600-750 m2/g (paragraph [0039]).
Zhu et al. is silent as to the pore diameter of the zeolite.
However, Framework CHA from the Database of Zeolite Structures, teaches any zeolite of the framework CHA (SSZ-13 is included), has a minimum diameter of 3.72 Å (0.372 nm) and a maximum diameter of 7.37 Å (0.737 nm), which meets the ratio in the instant of claims of 0.5 nm to 0.6 nm.
Therefore, it is the position of the examiner that the H-SSZ-13 zeolite taught by the reference would inherently have the claimed pore diameter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Commercially available
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH E KETCHAM whose telephone number is (571)270-0742. The examiner can normally be reached Monday-Friday 8am-5pm.
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/H.E.K./Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742
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