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
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups II-V, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 February 2026.
Applicant’s election of Group I, claims 1-11 in the reply filed on 27 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The Information Disclosure Statement filed 26 October 2023 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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chandler (US 2014/0328738; US PGPub of IDS doc WO 2013079954).
Regarding Claim 1, Chandler discloses a catalyst composition comprising metal-promoted, small pore zeolites having a silica to alumina ratio (SAR) of less than about 30 and containing at least about 1.35 weight percent of cerium (cerium meets the limitation of a rare earth element), based on the total weight of the zeolite [0018]. Chandler further discloses the extra-framework metal (aka promoter) is copper, and the promoter metal loading is about 0.1 to about 10 wt% based on the total weight of the molecular sieve (aka the zeolite, [0059]) [0032].
The Specification of the present application describes a low SAR zeolite as having a SAR of between 10 and 30 (pg. 2).
Regarding the SAR in claim 1, it appears that less than about 30 taught by Chandler overlaps the range of between 10 and 30 such that the range taught by Chandler obviates the range associated with the claimed low SAR zeolite per the Specification of the present application. See MPEP 2144.05 (I).
Regarding the weight percentage of copper in claim 1, it appears that about 0.1 to about 10 wt% taught by Chandler overlaps the claimed range of at least 2 wt% such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 2, Chandler discloses the zeolite has a SAR of less than about 30 [0018], which overlaps the range of between 10 and 25 such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 3, Chandler discloses the zeolite has a SAR of less than about 30 [0018], which overlaps the range of between 11 and 21 such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 4, Chandler discloses the extra-framework metal (aka promoter) is copper, and the promoter metal loading is about 0.1 to about 10 wt% [0032], which overlaps the claimed range of at least 2.5 wt% such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 5, Chandler discloses the extra-framework metal (aka promoter) is copper, and the promoter metal loading is about 0.1 to about 10 wt% [0032], which overlaps the claimed range of at least 3 wt% such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 6, Chandler discloses the extra-framework metal (aka promoter) is copper, and the promoter metal loading is about 0.1 to about 10 wt% [0032], which overlaps the claimed range of at least 4 wt% such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 7, Chandler discloses the catalyst composition contains at least about 1.35 weight percent of cerium (aka Ce) [0018].
Regarding Claim 8, Chandler discloses the catalyst composition contains at least about 1.35 weight percent of cerium [0018]. Chandler further discloses the cerium concentration is about 1.35 to about 13.5 weight percent, based on the total weight of the zeolite [0038], which overlaps the claimed range of from 2 to 5 wt% such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 9, Chandler discloses the catalyst composition contains at least about 1.35 weight percent of cerium [0018]. Chandler further discloses the cerium concentration is about 1.35 to about 13.5 weight percent, based on the total weight of the zeolite [0038], which overlaps the claimed range of from 2.75 to 4.5 wt% such that the range taught by Chandler obviates the claimed range. See MPEP 2144.05 (I).
Regarding Claim 10, Chandler further discloses the zeolite material has a small-pore framework [0015].
Regarding Claim 11, Chandler further discloses suitable small-pore zeolites include AEI and CHA framework structure types [0020].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SLONE ELZABETH SIMKINS whose telephone number is (571)272-3214. The examiner can normally be reached Monday - Friday 8:30AM-4:30PM.
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, KEITH WALKER can be reached at (571)272-3458. 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.
/S.E.S./Examiner, Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
Prosecution Insights