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.
Claim(s) 1, 2, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan (CN 113044877), see attached English translation.
The Examiner has provided a machine translation of CN 113044877. The citation of the prior art in this rejection refers to the machine translation.
The specification of this application describes the features of their product that are claimed, which are produced by their process. Particularly, the specification explains that the hydrotalcite is heated at an elevated temperature range of 450-800 degrees C (see PG Pub, para. 48) for 30 mins to 2 hours (para. 51) and includes a zinc component (see PG Pub, para. 47). The zinc functions to give heat stability during burning (PG Pub, para. 47). The other metals used however, M2+ and M3+ can include any metal (PG Pub, para. 40, “There are no particular restrictions on the type of metals for M2+ and M3+ in formula (1)).
Fan describes use of a zinc-containing hydrotalcite composition (title) that contains Zn (abstract) and other metals, such as Al, Fe, Ni, Cr (see page 4, para. 1). Al has an oxidation of 3+ and Ni has an oxidation state of 2+. Fe and Cr can have different oxidation states, some of which overlap the claimed oxidation states.
The product is made by heating the composition from 450-600 degrees C for 2-5 hours (see page 3, para. 3).
As to the formula, Fan does not specifically describe the formula of Claim 1. However, since the process steps using the same essential features of the process are the same, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the same composition that the same product would be made.
As to the specific surface area, although Fan does not specifically teach what the specific surface area is, as calculated by a BET method, since the method of processing the product using the same compositions are the same, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the same composition processed in the same way would produce the same characteristics.
As to Claims 2 and 6, Fan teaches processing the same composition in the same way. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the same composition processed in the same way would produce the same characteristics.
Claim(s) 1, 2, 3, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smokakova et al. “Surface properties of Hydrotalcite-based Zn(Mg)Al oxides and their catalytic activity in Aldol Condensation of Furfural with Acetone”.
The specification of this application describes the features of their product, which are produced by their process. Particularly, the specification explains that the hydrotalcite is heated at an elevated temperature range of 450-800 degrees C (see PG Pub, para. 48) for 30 mins to 2 hours or longer (para. 51) and includes a zinc component (see PG Pub, para. 47). The zinc functions to give heat stability during burning (PG Pub, para. 47). The other metals used however, M2+ and M3+ can include any metal (PG Pub, para. 40, “There are no particular restrictions on the type of metals for M2+ and M3+ in formula (1)).
Smokakova describes a zinc-containing hydrotalcite composition (title). The process of making the product employs a hydrotalcite precursor containing a Zn cation component (section 2.1) and/or an Al or Mg component (section 2.1, para. 1). The composition is then calcined at 450 degrees C for 4 hrs (see section 2.1, para. 1).
In analysis of the properties of the product made, Smokakova explains that the specific surface area of the product ranged from 92-183 m2/g (see table 2). Although Smokakova does not specifically state that the specific surface area is calculated using the BET method, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use known and effective methods to calculate specific surface area, to include a BET method.
As to the formula, Smokakova teaches a ratio of about 75% ZnO to 25% Al2O3 (see table 2). Therefore, in the formula of:
M2+x Zny M3+z Ox+Y+(3/2)z
X can be zero.
Y can be 0.2
Z can be 0.06 (because z can be from 0-0.4).
which would make O have a value of 0+0.2+ (3/2) (0.06)=0.29
The final composition would be Zn0.2 Al0.06 O0.29 , which has the same 75/25 ratio between the Zn and Al. Smokakova teaches that this composition is a mixed oxide (see table 2) but does not describe the degree of oxidation. However, the reference explains that heat causes some H2O removal of the mixed oxide (see page 4641, left col. second to last para). Further, XRF analysis shows the presence of some oxide (see table 2). However, since the composition is the same and treated in the same way, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that it would have some overlapping oxygen content.
As to Claims 3 and 5, Smokakova teaches that alternatively to use of Zn/Al in the hydrotalcite (table 2), the metals incorporated into the hydrotalcite can include less Zn and incorporate Mg (table 2).
As to Claims 4, 7 and 8, Smokakova does not specifically teach that when the composition of Claim 1 is heated at 500 degrees C, a weight loss that is 10% or lower is not recited. However, since the heating applied to the hydrotalcite is the same, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the same composition processed in the same way would produce the same characteristics.
Conclusion
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/SHENG H DAVIS/Primary Examiner, Art Unit 1732 February 4, 2026