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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-8 in the reply filed on 4/2/2026 is acknowledged.
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/2/2026.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2012/0031085), in view of Shimano et al. (JP-2021104474-A).
Regarding claims 1-2, 5 and 8
Zhang discloses a catalyst for purifying exhaust gas comprising a base material (i.e., substrate) and two catalyst layers (abstract).
Zhang discloses a slurry A comprising gamma-alumina, ceria-zirconia, barium hydroxide (i.e., compound with greater basicity the metal oxide) and palladium nitrate; and a slurry B comprising gamma-alumina (i.e., metal oxide), ceria-zirconia (i.e., metal oxide) and rhodium nitrate (para 0030).
Zhang discloses that slurry A is applied to 80% (i.e., Lb) of the length of the exhaust gas passage (i.e., Ls) from the gas introduction port side (i.e., upstream portion) (para 0031); and the slurry B is applied to 80 % (i.e., La) of the length of the exhaust gas passage (i.e., Ls) from the exhaust gas discharge port side (i.e., downstream portion) (para 0032). Here Ls is < La + Lb.
Although Zhang does not disclose the particle size of the rhodium particles, Zhang does disclose the other limitations of the claim. However, Shimano discloses that in exhaust catalyst using rhodium that the rhodium particles may have a size of 1 to 2 nm with a standard deviation of 0.8 nm or less (abstract). 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 Zhang by using rhodium particles with a size of 1 to 2 nm with a standard deviation of 0.8 nm or less, with a reasonable expectation of success, as suggested by Shimano.
As the particle size of Shimano overlaps with the claimed size, 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 3
Shimano discloses that it is known to make noble metal particles on an oxide carrier between 3 to 4.1 nm (para 0004).
As the particle size of Shimano overlaps with the claimed size, 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 4
Shimano discloses that the rhodium is used in an amount of 3 wt % or less based on the weight of the carrier (approx. para 0032).
Regarding claims 6-7
La + Lb = 1.6 Ls.
Conclusion
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734
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