Prosecution Insights
Last updated: April 19, 2026
Application No. 18/284,714

EXHAUST GAS PURIFYING CATALYST COMPOSITION AND EXHAUST GAS PURIFYING CATALYST

Non-Final OA §103
Filed
Sep 28, 2023
Examiner
MCDONOUGH, JAMES E
Art Unit
1734
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Mitsui Mining & Smelting Co. Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
82%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
1017 granted / 1425 resolved
+6.4% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
50 currently pending
Career history
1475
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1425 resolved cases

Office Action

§103
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, 3-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Takaaki (JP-2006205050-A) . Regarding claim 1 Takaaki discloses a catalyst for cleaning exhaust gas comprising a lower catalyst layer containing ceria oxide of 90 % or more and having Pt or Pd disposed thereon, and a second upper catalyst layer (abstract). Takaaki discloses that the lower catalyst may be 90 wt % ceria and the balance may be alumina (Advantageous Effects). Takaaki discloses that the ceria based oxide composite may be a ceria-zirconia composite having an atomic ratio of Ce:Zr of 2:1 (claims). Further, Takaaki discloses that the upper catalyst layer may be the ceria based oxide (Best Mode), making it obvious to use a ceria- zriconia composite oxide with a 2:1 Ce;to Zr ratio. Regarding claims 3-4 Takaaki discloses that use of Pt on the lower layer and Rh on the upper layer (Tech Problem). Regarding claim 6 Takaaki discloses 200 parts by weight of the lower catalyst layer with 50 parts by weight of the upper catalyst layer (Example 1), which is above 1 mass %. Regarding claim 7 Takaaki discloses disposing the catalyst on a cordierite A honeycomb (Example 1). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Takaaki (JP-2006205050-A) , as applied to claims 1, 3-4 and 6-7 above, in view of Patcas et al. (WO-2015169825-A1). Regarding claim 2 Although, Takaaki does not disclose the crystallite size, Takaaki does disclose or make obvious the other limitations of the claim. However, Patcas teaches similar ceria based catalyst and discloses that the crystallite size of the ceria is in the range of 10 to 30 nm (claim 1). Therefore it would have been prima facie obvious to add to the teachings of Takaaki by using ceria with a crystallite size in the range of 120 to 30 nm, with a reasonable expectation of success in forming a useful catalyst, as suggested by Patcas . Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Takaaki (JP-2006205050-A), as applied to claims 1, 3-4 and 6-7 above, in view of Hara et al. (US 20200353447-A1). Regarding claim 5 Although, Takaaki does not disclose the particle size, Takaaki does disclose or make obvious the other limitations of the claim. However, Hara teaches similar ceria based catalyst and discloses that the particle size of the ceria is 10 microns ( para 0096 ). Therefore it would have been prima facie obvious to add to the teachings of Takaaki by using ceria with a particle size of 10 microns , with a reasonable expectation of success in forming a useful catalyst, as suggested by Hara . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JAMES E MCDONOUGH whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6398 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 10-10 . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Jonathan Johnson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712721177 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. FILLIN "Examiner Stamp" \* MERGEFORMAT JAMES E. MCDONOUGH Examiner Art Unit 1734 /JAMES E MCDONOUGH/ Primary Examiner, Art Unit 1734
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Prosecution Timeline

Sep 28, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
82%
With Interview (+11.0%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1425 resolved cases by this examiner. Grant probability derived from career allow rate.

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