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 Arguments
With respect to the rejection of Claims 1-17 under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Noguchi et al., as understood the traversal relies on amendments. Applicant has amended Claim 1 to include a CNG (compressed natural gas) engine that defines the inlet and outlet. Thereby the Claim interpretation presented in the Office Action dated 3/4/2026 is withdrawn. In other words it is no longer understood that the device as claimed in Claim 1 could be operated with gas flowing in either direction.
Applicant argues “Noguchi does not disclose an article that includes a first catalytic region at an inlet end of a substrate that includes platinum, a second catalytic region at an outlet end of the substrate that includes palladium, and a CNG engine that is positioned such that a flow of exhaust gas from the engine contacts the first catalytic region prior to contacting the second catalytic region. Noguchi discloses an article that is arranged such that a flow of gas from an engine initially contacts first catalytic region that includes palladium prior to contacting a second catalytic region that includes platinum (see, e.g., Abstract, stating that "[t]he catalyst layer includes a palladium layer containing palladium that extends from a first end part which is an end part on the side into which an exhaust gas in the cells flows to a second end part which is an end part on the side from which an exhaust gas flows out, a platinum layer containing platinum that extends from the second end part to the first end part" (emphasis added)” [Remarks, Page 5, Paragraph 4]. This is unpersuasive. As presented in the original rejection Figure 5 shows both configurations, with Pd as the first layer and Pt as the second layer as well as an embodiment with Pt as the first layer and Pd as the second layer. It does appear that the embodiment with Pd first is the preferred embodiment of Noguchi et al., however preferred embodiments do not constitute a teaching away from other non-preferred embodiments (MPEP 2123 II), and, even more importantly, arguments that a prior art reference disparages or teaches away from a cited disclosure are inapplicable to the anticipation rejections laid; no obviousness rejections were made. MPEP 2131.05.
Applicant further argues “Moreover, Noguchi emphasizes the criticality of the disclosed arrangement. See, e.g., paragraph [0040] ("[b]ased on the above[-described purification performance characteristics] the arrangement of the Pd layer 21, the Pt layer 22, and the Rh layer 23 on the substrate 10 is set as follows") & paragraph [0041] (describing required arrangement where by "[t]he Pd layer 21 extends from the first part 10a which is an end part on the side into which exhaust gas in the substrate 10 flows "). Accordingly, Noguchi neither discloses nor suggests an arrangement as claimed.” [Remarks, Page 6, Paragraph 1]. This is unpersuasive. A teaching of criticality requires more than a mere disclosure of a single embodiment, it requires that alternative embodiments be shown to be ineffective. In the present case Table 3 of Noguchi et al. [0080] discloses the results from the preferred embodiment of Noguchi et al. (Example 1-1) and an alternative embodiment (Example 1-2), which, contrary to Applicants’ arguments, does disclose an arrangement as claimed. From the results of Table 3 it can be seen that Both 1-1 and 1-2 partially converted methane and completely converted NOx, therefore it cannot be concluded that Example 1-2 was wholly ineffective even if the methane conversion was slightly lower than the preferred embodiment. Notwithstanding and in addition to the foregoing, see MPEP 2123 II and 2131.05, discussed above. The rejections are MAINTAINED.
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 1-17 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2022176354 A1 Noguchi et al. Claim 1 requires “An article comprising: a substrate comprising an inlet end, an outlet end with an axial length L”. Noguchi et al. discloses “In the exhaust path, typically, a catalyst body 5 and a filter body 6 are provided. For example, the catalyst body 5 is an example of the exhaust gas purification catalyst in the present technology.” [0029] and “At least one layer of the Pd layer 21 and the Pt layer 22 is provided over the total length Lw of the substrate 10 in the first direction X.” [0046].
Claim 1 further requires “a first catalytic region beginning at the inlet end and extending for less than the axial length L, wherein the first catalytic region comprises a first platinum component; a second catalytic region beginning at the outlet end and extending for less than the axial length L, wherein the second catalytic region comprises a second palladium component”. Figure 5 (reproduced in part below) shows an embodiment (1-2) wherein the first catalytic region is Pt and the second catalytic region is Pd.
PNG
media_image1.png
199
374
media_image1.png
Greyscale
Claim 1 further requires “and a third catalytic region, wherein the third catalytic region comprises a third rhodium component.”. Figure 5, Example 1-2 (reproduced in part above) show a third region that comprises Rh.
Claim 1 further requires “and a compressed natural gas (CNG) engine that is positioned relative to the first catalytic region such that a flow of exhaust gas from the engine contacts the first catalytic region prior to contacting the second catalytic region.”. Noguchi et al. discloses “In a preferable aspect of the exhaust gas purification catalyst of the present technology, the catalyst is used to purify an exhaust gas discharged from the internal combustion engine that uses natural gas as a fuel.” [0014] and references compressed natural gas engines “For each of the prepared catalyst bodies, the methane removal rate in the simulated exhaust gas of a natural gas (CNG) vehicle was examined” [0065].
Claim 2 requires “the first catalytic region extends for 10 to 90 percent of the axial length L.”. Noguchi et al. discloses in Example 1-1 “That is , the Pd slurry was supplied over half a length (1/2xLw) from the front side end of the substrate and then suctioned at a predetermined airflow speed , dried at 100 ° C. and then fired at 500 ° C., and thereby a first Pd layer was formed . Next, the Pt slurry was supplied over half a length (1/2xLw) from the rear side of the substrate and then suctioned at a predetermined airflow speed, dried at 100 ° C. and then fired at 500 ° C., and thereby a first Pt coating layer was formed” [0011] and in Example 1-2 “A catalyst body of Example 1-2 was obtained in the
same manner as in Example 1-1 except that the slurry supplied to the front side of the substrate in the first layer was changed to the Pt slurry and the slurry supplied to the rear side was changed to the Pd slurry .” [0074]. Therefore it is understood that Example 1-2 has a first catalytic region comprising platinum that extends for 50% of the axial length.
Claim 3 requires “the second catalytic region extends for 10 to 90 percent of the axial length L.”. Noguchi et al. discloses in Example 1-2 a second catalytic region comprising palladium that extends for 50% of the axial length (see Claim 2, above).
Claim 4 requires “the second catalytic region overlaps with the first catalytic region for 1 to 80 percent of the axial length L.”. Noguchi et al. discloses “The overlap (L21 + L22 - Lw) between the Pd layer 21 and the Pt layer 22 is preferably 2 % or more, preferably 5 % or more, more preferably 10 % or more, and particularly preferably 15 % or more when the total length Lw of the substrate 10 is 100 % . Thereby, the Pd layer 21 and the Pt layer 22 can be made to cooperate better” [0046].
Claim 5 requires “the total length of the second catalytic region and the first catalytic region equals to the axial length L.”. This configuration can be seen in at least Figure 5 Example 1-2 (see Claim 1, above).
Claim 6 requires “the total length of the second catalytic region and the first catalytic region is less than the axial length L.”. Noguchi et al. disclose a minimum length for the first region of 30% (“In a preferable aspect of the exhaust gas purification catalyst of the present technology, the platinum layer is provided in a region of 30% or more and 80% or less from the second end part when the range from the first end part to the second end part of the substrate is 100%.” [0011]) and a minimum length of >0% for the second region (“In a preferable aspect of the exhaust gas purification catalyst of the present technology, the palladium layer is provided in a region of 80% or less when a range from the first end part to the second end part of the substrate is 100%.” [0009]). This is understood to implicitly disclose that the regions may have a gap between them.
Claim 7 requires “the third catalytic region extends for 100 percent of the axial length L.”. Noguchi et al. discloses “In a preferable aspect of the exhaust gas purification catalyst of the present technology, the rhodium layer is provided in a region of 60% or more and 100% or less from the first end part when the range from the first end part to the second end part of the substrate is 100%.” [0010].
Claim 8 requires “the third catalytic region extends for less than 100 percent of the axial length L.”. Noguchi et al. discloses “In a preferable aspect of the exhaust gas purification catalyst of the present technology, the rhodium layer is provided in a region of 60% or more and 100% or less from the first end part when the range from the first end part to the second end part of the substrate is 100%.” [0010].
Claim 9 requires “the first catalytic region further comprises a first OSC material, a first alkali or alkaline earth metal component, a first inorganic oxide, and/or a first rare earth component”. Noguchi et al. discloses “The catalyst layer 20 can include a carrier supporting these catalysts in addition to precious metal catalysts contained in each of the Pd layer 21, the Pt layer 22, and the Rh layer 23. Regarding such carriers, carriers (typically, powders) known to be usable for this type of application in the related art can be appropriately used. For example, preferable examples of carriers include metal oxides such as alumina (Al2O3), rare earth metal oxides, alkaline metal oxides, alkaline earth metal oxides, ceria (CeO2), zirconia (ZrO2), silica (SiO2), magnesia (MgO), and titania (TiO-2), and solid solutions thereof” [0049]. It is understood that the catalytic region comprises both the catalyst itself and the support because they would be in the same physical location along the axial length, L.
Claim 10 requires “the second catalytic region further comprises a second platinum component, a second OSC material, a second alkali or alkaline earth metal component, a second inorganic oxide, and/or a second rare earth component.”. Noguchi et al. discloses “The catalyst layer 20 can include a carrier supporting these catalysts in addition to precious metal catalysts contained in each of the Pd layer 21, the Pt layer 22, and the Rh layer 23. Regarding such carriers, carriers (typically, powders) known to be usable for this type of application in the related art can be appropriately used. For example, preferable examples of carriers include metal oxides such as alumina (Al2O3), rare earth metal oxides, alkaline metal oxides, alkaline earth metal oxides, ceria (CeO2), zirconia (ZrO2), silica (SiO2), magnesia (MgO), and titania (TiO-2), and solid solutions thereof” [0049]. It is understood that the catalytic region comprises both the catalyst itself and the support because they would be in the same physical location along the axial length, L.
Claim 11 requires “the third catalytic region further comprises a third platinum group metal (PGM) component, a third OSC material, a third alkali or alkaline earth metal component, and/or a third inorganic oxide.”. Noguchi et al. discloses “The catalyst layer 20 can include a carrier supporting these catalysts in addition to precious metal catalysts contained in each of the Pd layer 21, the Pt layer 22, and the Rh layer 23. Regarding such carriers, carriers (typically, powders) known to be usable for this type of application in the related art can be appropriately used. For example, preferable examples of carriers include metal oxides such as alumina (Al2O3), rare earth metal oxides, alkaline metal oxides, alkaline earth metal oxides, ceria (CeO2), zirconia (ZrO2), silica (SiO2), magnesia (MgO), and titania (TiO-2), and solid solutions thereof” [0049]. It is understood that the catalytic region comprises both the catalyst itself and the support because they would be in the same physical location along the axial length, L.
Claim 12 requires “the third PGM component is Pd, Pt, or a combination thereof.”. Noguchi et al. discloses “The Rh layer 23 contains rhodium (Rh) as a precious metal catalyst and an alloy mainly composed of Rh. These catalyst layers 20 may contain other metal catalysts in addition to the above precious metal catalysts. Examples of such metal catalysts include platinum group catalysts such as Rh, Pd, Pt, ruthenium (Ru), osmium (Os), iridium (Ir), and alloys thereof,” [0035].
Claim 13 requires “the first Pt component in the first catalytic region is at least 50% of the overall Pt loading in the catalyst article.”. Noguchi et al. discloses “However, the amount of Pd, Pt, and Rh in the metal catalysts contained in the Pd layer 21, the Pt layer 22, and the Rh layer 23 is 80 mass % or more, preferably 90 mass % or more, more preferably 95 mass % or more, and particularly preferably substantially 100 mass %, respectively. Naturally, inclusion of other metal catalysts that are inevitably incorporated is acceptable.” [0035]. Considering that Pt is an optional, but not required, component of the other catalyst layers (see Claim 12 above) it is understood that at least one embodiment of Noguchi et al. teaches the first Pt component in the first catalytic region is at least 80% of the overall Pt loading in the catalyst article.
Claim 14 requires “the substrate is a flow-through monolith.”. Noguchi et al. discloses “The exhaust gas purification catalyst includes a substrate divided into cells through which an exhaust gas flows and a catalyst layer that is provided on a surface of the substrate.” [0007].
Claim 15 requires “the first catalytic region is supported/deposited directly on the substrate.”. This conformation is shown in Figure 5, Example 1-2 (above).
Claim 16 requires “the second catalytic region is supported/deposited directly on the substrate.” This conformation is shown in Figure 5, Example 1-2 (above).
Claim 17 requires “the third catalytic region is supported/deposited directly on the substrate.” Noguchi et al. discloses optionally rhodium as part of the Pt/Pd layers “All of these catalyst layers 20 are disposed on the surface of the partition wall 14. The Pd layer 21 contains palladium (Pd) as a precious metal catalyst and an alloy mainly composed of Pd. The Pt layer 22 contains platinum (Pt) as a precious metal catalyst and an alloy mainly composed of Pt. … These catalyst layers 20 may contain other metal catalysts in addition to the above precious metal catalysts. Examples of such metal catalysts include platinum group catalysts such as Rh, Pd, Pt, ruthenium (Ru), osmium (Os), iridium (Ir), and alloys thereof” [0035].
Conclusion
Applicant's amendment necessitated the/any 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA MAXWELL SPEER whose telephone number is (703)756-5471. The examiner can normally be reached M-F 9am-5pm EST. 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, Anthony Zimmer can be reached at 571-270-3591. 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.
/JOSHUA MAXWELL SPEER/
Examiner
Art Unit 1736
/DANIEL BERNS/Primary Examiner, Art Unit 1736
Prosecution Insights