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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/26/2023 has been considered by the examiner.
Election/Restrictions
Claim 9 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/17/2025.
Applicant’s election without traverse of claims 1-8 in the reply filed on 10/17/2025 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Chinzei et al (US 20200353411 A1, cited on IDS 05/26/2023).
Regarding claim 1, Chinzei discloses an exhaust gas purification catalyst comprising a catalyst coating layer on a substrate (abstract, meeting limitation “a three-way catalyst, comprising a carrier and a coating material”). The catalyst coating layer contains a noble metal serving as a main catalyst, a composite oxide containing cerium oxide and zirconium oxide, a composite oxide containing aluminum oxide, and the like ([0039] meeting limitation “the coating material comprising a precious metal active component and a catalytic material”). The catalyst coating… is formed on a surface of the substrate, and may be configured from one layer or two or more layers ([0038]). Each catalyst coating layer… may have a different composition depending on each part of the substrate ([0038] meeting limitation “the precious metal active component includes a first precious metal active component and a second precious metal active component”). Specific examples of the noble metal include platinum (Pt), palladium (Pd), rhodium (Rh)… and ruthenium (Ru) ([0042] meeting limitation “the first precious metal active component comprises Ru; and the second precious metal active component comprises Pd and Rh, and optionally, Pt”).
Regarding claim 4, Chinzei discloses all the limitations in the claims as set forth above and further discloses the noble metal raw material for preparation of the noble metal particles is not particularly limited, and examples thereof include a solution obtained by dissolving a salt… of a noble metal ([0072] meeting limitation “wherein the Ru in the first precious metal active component contains metallic ruthenium”).
Regarding claim 5, Chinzei discloses all the limitations in the claims as set forth above and further discloses the composite oxide containing the cerium oxide and the zirconium oxide is a material excellent in oxygen storage capacity ([0041] meeting limitation “wherein the catalytic material comprises an oxygen storage material”). The catalyst coating layer contains… a composite oxide containing aluminum oxide ([0039] meeting limitation “an alumina material”).
Regarding claim 6, Chinzei discloses all the limitations in the claims as set forth above including the composite oxide containing the cerium oxide and the zirconium oxide is a material excellent in oxygen storage capacity ([0041] meeting limitation “wherein the oxygen storage material comprises CeO2-ZrO2”).
Regarding claim 7, Chinzei discloses all the limitations in the claims as set forth above and further discloses the composite oxide containing the aluminum oxide plays a role as contributing to improvement in exhaust gas purification performance and heat resistance ([0040]). Specific examples of a substrate contained in the composite oxide other than the aluminum oxide includes lanthanum oxide (La2O3), cerium oxide (CeO2) ([0040] meeting limitation “wherein the alumina material comprises pure alumina or a modified alumina containing La and/or Ce”).
Regarding claim 8, Chinzei discloses all the limitations in the claims as set forth above and further discloses the material of such a substrate is also not particularly limited, and a substrate made of ceramics… or a substrate made of a metal… may be adopted ([0036] meeting limitation “wherein the carrier comprises a ceramic carrier or a metal carrier”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Chinzei et al (US 20200353411 A1, cited on IDS 05/26/2023).
Regarding claims 2-3, Chinzei discloses all the limitations in the claims as set forth above and further discloses in Example 1, the material 3 was introduced into distilled water while stirred such that an amount of Rh became 0.45 g per liter of the volume of the substrate (0.45 g/L) ([0093]). 0.45 g/L is equivalent to 12.7 g/ft3 which is within the claimed range of 1-100 g/ft3 (claim 2) and 5-40 g/ft3 (claim 3).
While Chinzei discloses 0.45 g/L of Rh, it would be obvious to one having ordinary skill in the art to substitute Ru for Rh since Chinzei discloses specific examples of the noble metal include platinum (Pt), palladium (Pd), rhodium (Rh)… and ruthenium (Ru) ([0042]). This disclosure suggests substituting Ru for Rh will result in a predictable outcome.
Conclusion
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/N.L.Q./Examiner, Art Unit 1738
/MICHAEL FORREST/Primary Examiner, Art Unit 1738