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 .
Response to Amendment
The Amendment filed 7 January 2026 has been entered. Claims 1 and 5 are amended; claims 2 and 13-22 are cancelled. Accordingly, claims 1 and 3-12 remain pending in the application. Applicant’s amendments to the claims have overcome the 112(b) rejection previously set forth in the Non-Final Office Action mailed 20 October 2025.
Information Disclosure Statement
The Information Disclosure Statement filed 30 October 2025 has been considered.
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 1, 3-4, 6, and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Oshima (WO 2018155494).
Regarding Claim 1, Oshima discloses an adsorbent comprising porous inorganic particles (porous inorganic particles meets the limitation of an inorganic porous body) and a gas adsorbent supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound [0035]. Oshima further discloses the oil absorption of the porous inorganic particles is 100 ml/100 g or more and 500 ml/100 g or less [0061], which overlaps the claimed range of 270 ml/100 g or more such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I). Oshima further discloses a pore volume of the porous inorganic particles of 0.5 ml/g or more and 4 ml/g or less [0059], which is equivalent to 0.5 cm3/g or more and 4 cm3/g or less, which overlaps the claimed range of 1.6 cm3/g or more and 3.5 cm3/g or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I). Oshima further discloses a specific surface area or the porous inorganic particles of 50 m2/g or more and 3000 m2/g or less [0060], which overlaps the claimed range of 100 m2/g or more and 500 m2/g or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Oshima further discloses the pore diameter of the porous inorganic particles is 40 Å to 20 µm [0059].
Oshima is silent to obtaining a peak diameter of a pore size based on a nitrogen adsorption method.
However, the peak diameter of pore size of a given porous inorganic particle of Oshima is necessarily within the range of the pore diameter of the porous inorganic particles of 40 Å to 20 µm, such that a pore diameter of 40 Å to 20 µm, which is equivalent to 4 nm to 20,000 nm, taught by Oshima, in the alternative, overlaps the claimed range of a peak diameter of 20 nm or more and 100 nm or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Although there is no disclosure that the test method of obtaining pore diameter is in conformity with a nitrogen adsorption method, given that Oshima discloses a pore diameter as is presently claimed and absent evidence of criticality in how a pore diameter is measured, it is the Examiner's position that the pore diameter disclosed by Oshima meets the claim limitation of a diameter of pore size obtained based on a nitrogen adsorption method.
Regarding Claim 3, Oshima discloses the gas adsorbent may be a carbon dioxide adsorbent [0029], wherein the carbon dioxide adsorbent is an adsorbent capable of adsorbing carbon dioxide [0035].
Regarding Claim 4, Oshima discloses the pore diameter of the porous inorganic particles is 40 Å to 20 µm [0059], such that the average pore diameter is within the range of 40 Å to 20 µm, which is equivalent to 4 nm to 20,000 nm.
Regarding the average pore size in claim 4, it appears that 4 nm to 20,000 nm taught by Oshima overlaps the claimed range of 15 nm or more and 100 nm or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Although there is no disclosure that the test method of obtaining pore diameter is in conformity with a nitrogen adsorption method, given that Oshima discloses a pore diameter as is presently claimed and absent evidence of criticality in how a pore diameter is measured, it is the Examiner's position that the pore diameter disclosed by Oshima meets the claim limitation of a diameter of pore size obtained based on a nitrogen adsorption method.
Regarding Claim 6, Oshima further discloses the porous inorganic particles include magnesium silicate, zeolite, silica, alumina, activated carbon, etc., and mixtures of two or more of these compounds [0024].
Regarding Claim 8, Oshima discloses the gas adsorbent is supported in the pores of the porous inorganic particles (supported in the pores of the porous inorganic particles meets the limitation of fixed to an inner surface of a pore of the inorganic porous body; [0009]), wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound [0035].
Regarding Claim 9, Oshima discloses the gas adsorbent is supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound (an amine compound supported in the pores of the porous inorganic particles meets the limitation of a pore of the inorganic porous body is filled with the amine compound; [0035]).
Regarding Claim 10, Oshima further discloses the inorganic porous particles are fine porous inorganic particles (fine porous inorganic particles meets the limitation of powdery), having an average maximum length or less than 100 µm [0102], that is, the average particle diameter when the inorganic particles have a spherical shape [0103], such that 100 µm taught by Oshima meets the limitation of an average particle size of 1 µm to 1 mm.
Regarding Claim 11, Oshima further discloses the shape of the porous inorganic particles may be spherical [0058].
Oshima is silent to the porous inorganic particles having a circularity of 0.8 or more.
However, the circularity of a sphere is 1, such that the circularity of the porous inorganic particles of Oshima overlaps, or in the alternative, is close to the claimed range of 0.8 or more such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 12, Oshima discloses a mixture of the porous inorganic particles, the gas adsorbent, and a sealing resin may be molded to obtain spherical granules [0113]-[0114], wherein the granules have an average maximum length/diameter of 1 mm or more and 20 mm or less [0115], which meets the limitation wherein the inorganic porous body is a molded body having a maximum diameter or 1 mm to 50 mm.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Oshima (WO 2018155494) in view of Choi (US 2019/0143299).
Regarding Claim 5, Oshima teaches the elements as described above with regards to claim 1.
Oshima discloses an adsorbent comprising porous inorganic particles and a gas adsorbent supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound [0035].
Oshima is silent to a content of nitrogen atoms in the adsorbent.
Choi discloses an amine-based carbon dioxide adsorbent [0009]. Choi further discloses the amine compound may be present in an amount of 5 to 75% by weight, preferably 20 to 65% by weight, with respect to the total weight of the adsorbent [0043]. Choi further discloses when the amine compound is present in an amount of less than 5% by weight, absorbent capability is considerably reduced due to decreased sites for adsorbing carbon dioxide, and, when the amine compound is present in an amount of higher than 75% by weight, porosity does not remain in the support, which makes diffusion of carbon dioxide and thus effective adsorption impossible [0043].
Regarding the content of nitrogen atoms in the adsorbent in claim 5, it appears that 5 to 75% by weight amine taught by Choi, in the alternative, overlaps, the claimed range of 1 wt% or more and 40 wt% or less of nitrogen atoms such that the range taught by Choi obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oshima to incorporate the teachings of Choi wherein a content of nitrogen atoms in the adsorbent is 1 wt% or more and 40 wt% or less with respect to a total mass of the inorganic porous body and the amine compound, because when the amine compound is present in an amount of less than 5% by weight, absorbent capability is considerably reduced due to decreased sites for adsorbing carbon dioxide, and, when the amine compound is present in an amount of higher than 75% by weight, porosity does not remain in the support, which makes diffusion of carbon dioxide and thus effective adsorption impossible, as recognized by Choi [0043], and regarding the content of an amine and, therefore, of nitrogen, discovery of optimum ranges of a result effective variable in a known process is ordinarily within the skill of art and selection of the optimum ranges within the general condition is obvious (MPEP 2144.05 (II)).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Oshima (WO 2018155494) in view of Numaguchi (US 2021/0268428).
Regarding Claim 7, Oshima teaches the elements as described above with regards to claim 1.
Oshima discloses an adsorbent comprising porous inorganic particles and a gas adsorbent supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound such as monoethanolamine, N-methyldiethanolamine, and piperazine [0035].
Oshima is silent to the amine compound comprising silicon in a molecule or the amine compound being a polyamine compound comprising 3 or more amino groups in a molecule.
Numaguchi discloses an acid gas adsorbent including metal oxide porous material particles (metal oxide porous material particles meets the limitation of an inorganic porous body) and an acid gas adsorbing agent (Abstract), wherein the acid gas adsorbing agent is an amine [0033]. Numaguchi further discloses the amine is at least one of monoethanolamine, diethylenetriamine (diethylenetriamine meets the limitation of a polyamine compound comprising 3 or more amino groups in a molecule), etc. [0033]. Numaguchi further discloses it is known that these alkanolamines and polyamines adsorb and desorb the acid gas [0033].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oshima to incorporate the teachings of Numaguchi to use a polyamine compound comprising 3 or more amino groups in a molecule, because the amine compound of Oshima is not particularly limited, and Oshima teaches the claimed invention except that monoethanolamine is used instead of diethylenetriamine. Numaguchi teaches that the monoethanolamine and diethylenetriamine are equivalent products known in the art. Therefore, because the two products were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the monoethanolamine for the diethylenetriamine.
Claims 1, 3-4, 6, and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Oshima (WO 2018155494) in view of Nishi (US 2008/0153694).
An alternative rejection of claim 1 is provided in case Oshima does not meet the limitation of a peak diameter of pore size, which is obtained based on a nitrogen adsorption method, or 20 nm or more and 100 nm or less.
Alternatively, regarding Claim 1, Oshima discloses an adsorbent comprising porous inorganic particles (porous inorganic particles meets the limitation of an inorganic porous body) and a gas adsorbent supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound [0035]. Oshima further discloses the oil absorption of the porous inorganic particles is 100 ml/100 g or more and 500 ml/100 g or less [0061], which overlaps the claimed range of 270 ml/100 g or more such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I). Oshima further discloses a pore volume of the porous inorganic particles of 0.5 ml/g or more and 4 ml/g or less [0059], which is equivalent to 0.5 cm3/g or more and 4 cm3/g or less, which overlaps the claimed range of 1.6 cm3/g or more and 3.5 cm3/g or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I). Oshima further discloses a specific surface area or the porous inorganic particles of 50 m2/g or more and 3000 m2/g or less [0060], which overlaps the claimed range of 100 m2/g or more and 500 m2/g or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Oshima further discloses the pore diameter of the porous inorganic particles is 40 Å to 20 µm [0059], which is equivalent to 4 nm to 20,000 nm.
Oshima is silent to obtaining a peak diameter of a pore size, which is obtained based on a nitrogen adsorption method, of 20 nm or more and 100 nm or less.
Nishi discloses an amorphous silica adsorbent [0013] with a pore peak radius of 20 nm or more to 100 nm or less [0029], which is equivalent to a diameter of 40 nm or more and 200 nm or less. Nishi further discloses when the pore peak radius is 20 nm or less the silica particles are agglomerated strongly to have a small pore and decreases the oil absorbing rate, and when the pore is 100 nm or more the particles may be easily collapsed [0029].
Regarding the peak diameter of pore size in claim 1, it appears that 40-200 nm taught by Nishi overlaps the claimed range of 20 nm or more and 100 nm or less such that the range taught by Nishi obviates the claimed range. See MPEP 2144.05 (I).
Although there is no disclosure that the test method of obtaining pore diameter is in conformity with a nitrogen adsorption method, given that Oshima and Nishi disclose a pore diameter as is presently claimed and absent evidence of criticality in how a pore diameter is measured, it is the Examiner's position that the pore diameter disclosed by Oshima and Nishi meets the claim limitation of a diameter of pore size obtained based on a nitrogen adsorption method.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oshima to incorporate the teachings of Nishi to obtain a peak diameter of a pore size, which is obtained based on a nitrogen adsorption method, of 20 nm or more and 100 nm or less, because when the pore peak radius is 100 nm or more the particles may be easily collapsed, as recognized by Nishi [0029].
Regarding Claim 3, Oshima discloses the gas adsorbent may be a carbon dioxide adsorbent [0029], wherein the carbon dioxide adsorbent is an adsorbent capable of adsorbing carbon dioxide [0035].
Regarding Claim 4, Oshima discloses the pore diameter of the porous inorganic particles is 40 Å to 20 µm [0059], such that the average pore diameter is within the range of 40 Å to 20 µm, which is equivalent to 4 nm to 20,000 nm.
Regarding the average pore size in claim 4, it appears that 4 nm to 20,000 nm taught by Oshima overlaps the claimed range of 15 nm or more and 100 nm or less such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Although there is no disclosure that the test method of obtaining pore diameter is in conformity with a nitrogen adsorption method, given that Oshima discloses a pore diameter as is presently claimed and absent evidence of criticality in how a pore diameter is measured, it is the Examiner's position that the pore diameter disclosed by Oshima meets the claim limitation of a diameter of pore size obtained based on a nitrogen adsorption method.
Regarding Claim 6, Oshima further discloses the porous inorganic particles include magnesium silicate, zeolite, silica, alumina, activated carbon, etc., and mixtures of two or more of these compounds [0024].
Regarding Claim 8, Oshima discloses the gas adsorbent is supported in the pores of the porous inorganic particles (supported in the pores of the porous inorganic particles meets the limitation of fixed to an inner surface of a pore of the inorganic porous body; [0009]), wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound [0035].
Regarding Claim 9, Oshima discloses the gas adsorbent is supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound (an amine compound supported in the pores of the porous inorganic particles meets the limitation of a pore of the inorganic porous body is filled with the amine compound; [0035]).
Regarding Claim 10, Oshima further discloses the inorganic porous particles are fine porous inorganic particles (fine porous inorganic particles meets the limitation of powdery), having an average maximum length or less than 100 µm [0102], that is, the average particle diameter when the inorganic particles have a spherical shape [0103], such that 100 µm taught by Oshima meets the limitation of an average particle size of 1 µm to 1 mm.
Regarding Claim 11, Oshima further discloses the shape of the porous inorganic particles may be spherical [0058].
Oshima is silent to the porous inorganic particles having a circularity of 0.8 or more.
However, the circularity of a sphere is 1, such that the circularity of the porous inorganic particles of Oshima overlaps, or in the alternative, is close to the claimed range of 0.8 or more such that the range taught by Oshima obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 12, Oshima discloses a mixture of the porous inorganic particles, the gas adsorbent, and a sealing resin may be molded to obtain spherical granules [0113]-[0114], wherein the granules have an average maximum length/diameter of 1 mm or more and 20 mm or less [0115], which meets the limitation wherein the inorganic porous body is a molded body having a maximum diameter or 1 mm to 50 mm.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Oshima (WO 2018155494) in view of Nishi (US 2008/0153694) and Choi (US 2019/0143299).
Regarding Claim 5, Oshima and Nishi teach the elements as described above with regards to claim 1.
Oshima discloses an adsorbent comprising porous inorganic particles and a gas adsorbent supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound [0035].
Oshima is silent to a content of nitrogen atoms in the adsorbent.
Choi discloses an amine-based carbon dioxide adsorbent [0009]. Choi further discloses the amine compound may be present in an amount of 5 to 75% by weight, preferably 20 to 65% by weight, with respect to the total weight of the adsorbent [0043]. Choi further discloses when the amine compound is present in an amount of less than 5% by weight, absorbent capability is considerably reduced due to decreased sites for adsorbing carbon dioxide, and, when the amine compound is present in an amount of higher than 75% by weight, porosity does not remain in the support, which makes diffusion of carbon dioxide and thus effective adsorption impossible [0043].
Regarding the content of nitrogen atoms in the adsorbent in claim 5, it appears that 5 to 75% by weight amine taught by Choi, in the alternative, overlaps, the claimed range of 1 wt% or more and 40 wt% or less of nitrogen atoms such that the range taught by Choi obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oshima to incorporate the teachings of Choi wherein a content of nitrogen atoms in the adsorbent is 1 wt% or more and 40 wt% or less with respect to a total mass of the inorganic porous body and the amine compound, because when the amine compound is present in an amount of less than 5% by weight, absorbent capability is considerably reduced due to decreased sites for adsorbing carbon dioxide, and, when the amine compound is present in an amount of higher than 75% by weight, porosity does not remain in the support, which makes diffusion of carbon dioxide and thus effective adsorption impossible, as recognized by Choi [0043], and regarding the content of an amine and, therefore, of nitrogen, discovery of optimum ranges of a result effective variable in a known process is ordinarily within the skill of art and selection of the optimum ranges within the general condition is obvious (MPEP 2144.05 (II)).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Oshima (WO 2018155494) in view of Nishi (US 2008/0153694) and Numaguchi (US 2021/0268428).
Regarding Claim 7, Oshima and Nishi teach the elements as described above with regards to claim 1.
Oshima discloses an adsorbent comprising porous inorganic particles and a gas adsorbent supported in the pores of the porous inorganic particles [0009], wherein the gas adsorbent may be a carbon dioxide adsorbent [0029], and the carbon dioxide adsorbent may be an amine compound such as monoethanolamine, N-methyldiethanolamine, and piperazine [0035].
Oshima is silent to the amine compound comprising silicon in a molecule or the amine compound being a polyamine compound comprising 3 or more amino groups in a molecule.
Numaguchi discloses an acid gas adsorbent including metal oxide porous material particles (metal oxide porous material particles meets the limitation of an inorganic porous body) and an acid gas adsorbing agent (Abstract), wherein the acid gas adsorbing agent is an amine [0033]. Numaguchi further discloses the amine is at least one of monoethanolamine, diethylenetriamine (diethylenetriamine meets the limitation of a polyamine compound comprising 3 or more amino groups in a molecule), etc. [0033]. Numaguchi further discloses it is known that these alkanolamines and polyamines adsorb and desorb the acid gas [0033].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oshima to incorporate the teachings of Numaguchi to use a polyamine compound comprising 3 or more amino groups in a molecule, because the amine compound of Oshima is not particularly limited, and Oshima teaches the claimed invention except that monoethanolamine is used instead of diethylenetriamine. Numaguchi teaches that the monoethanolamine and diethylenetriamine are equivalent products known in the art. Therefore, because the two products were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the monoethanolamine for the diethylenetriamine.
Response to Arguments
Applicant’s arguments, see "Remarks", filed 7 January 2026, with respect to the rejection(s) of claim(s) 1-22 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Oshima (WO 2018155494) or, in the alternative, Oshima in view of Nishi (US 2008/0153694).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735