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 .
Claim Rejections - 35 USC § 103
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 14-28, 35-36 and 38-40 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubaki et al. (WO-20191556074-A1), in view of Zhang et al. (US 6,080,698).
Regarding claims 14, 16 and 35
Tsubaki discloses a process for catalytic cracking of a hydrocarbon feedstock comprising contacting YNU-5 zeolite and quartz sand (i.e., silica non-zeolitic matrix) with the feedstock (example 1).
Tsubaki does not disclose the addition of phosphorus. However, Zhang discloses that zeolites used for hydrocarbon cracking can have preferably 2-8 wt % phosphorous and that such increases the conversion to ethylene and propylene as well as enhance hydrothermal stability (column 5, lines 4-15). Therefore it would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to add to the teachings of Tsubaki by adding 2-8 wt % phosphorus to the molecular sieve, with a reasonable expectation of success, and the expected benefit of increasing the productivity and stability of the catalyst, as suggested by Zhang.
Regarding claim 15
As the amount of phosphorus of the reference overlaps the claimed amount the subject matter as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made to have selected the overlapping portion of the range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness. In re Malagari, 182 U.S.P.Q. 549.
Regarding claim 17
Tsubaki discloses that 1.0 g of the YNU-5 catalyst is mixed with 3.0 g quartz (i.e., 25 wt % YNU-5 catalyst)(Example 1).
Regarding claim 18
The acidity of the catalyst is a property of the catalyst. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
Regarding claim 19
Zhang discloses a SiO/Al2O molar ratio of 15-60 (abstract).
Regarding claim 20
Tsubaki discloses a BET surface area of preferably 200 to 800 m2/g (para 0012).
Regarding claim 21
Tsubaki discloses the pore volume is preferably 0.2 to 0.4 cm3/g (para 0012).
Regarding claim 22
The XRD peaks are property of the catalyst. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
Regarding claims 23, 26 and 39-40
There is no requirement that the second zeolite and second non-zeolitic matrix are different from the first zeolite and non-zeolitic matrix, as such part of the mix can be considered the first zeolite and non-zeolitic matrix, and another part can be the second.
Regarding claim 24
The first part of the zeolite and non-zeolitic matrix could be any size, and as such the limitation of being about 1 wt % to about 25 wt % is obvious.
Regarding claim 25
Tsubaki discloses that the pore size is preferably 0.9 to 1.6 nm (para 0012).
Regarding claims 27-28
Tsubaki discloses that a second zeolite SAPO-5 can be added to the YNU-5 zeolite (example 2).
Regarding claims 36, 38
Zhang discloses the use of phosphoric acid (column 4,lines 5-8).
Conclusion
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734